Aggravated assault
R. v. Hardiman
Sentence and the Crown's position
Crown askedNot recorded
Judge imposed6 years imprisonment less 636 days remand credit (4 years and 94 days remaining); s. 109 prohibition, DNA order1
What the law allows
Maximum14 years
Judge imposed6 years in custody
Wesley Todd Hardiman was found guilty of aggravated assault for his part in a planned group attack on an inmate at the Central Nova Scotia Correctional Facility in Burnside in December 2019. Justice Campbell imposed six years' imprisonment, less 636 days of remand credit, applying parity with three co-accused who received six years and finding that a coordinated assault inside a jail required a serious response.
In the judge's words
1Deterrence and denunciation must be the primary purposes of the sentence in crimes of violence. An assault within a jail takes the aggravated assault to another level. Serious injuries take it further. Coordinated activity resulting in a gang assault take it even further.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- 4 prior convictions1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: Rick Woodburn, Scott Morrison
Defence: Pavel Boubnov
Sources
- R. v. Hardiman, 2022 NSSC 198 Court decision, CanLII, July 20, 2022
[1] Wesley Hardiman is being sentenced for his part in the assault of … at the Central Nova Scotia Correctional Facility in Burnside on December 2, 2019.
[8] Mr. Hardiman has a criminal record though it is not extensive. In March 2017 he was sentenced for breathalyzer refusal and got a fine of $1,000. The same day he was issued a $300 fine for failing to attend court. … On January 23, 2020, he was sentenced for the weapon and drug possession charges. He was sentenced to a two-year term of federal incarceration for the weapons charge and one day on the drug possession charge.
[16] Deterrence and denunciation must be the primary purposes of the sentence in crimes of violence. An assault within a jail takes the aggravated assault to another level. Serious injuries take it further. Coordinated activity resulting in a gang assault take it even further.
[27] Wesley Hardiman is sentenced to 6 years. That would be 2,190 days without regard to leap years. He has been in custody on this charge from May 23, 2021 to July 20, 2022, which is a total of 424 days. Credit for remand should be given at one and a half days for each day served, which is a total of 636 days.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Hardiman, 2022 NSSC 198 Court decision, Courts of Nova Scotia