Aggravated assault
R. v. Crawley
Sentence and the Crown's position
What the law allows
Andriko Crawley was found guilty of aggravated assault for his part in a planned group attack on an inmate in his cell at the Central Nova Scotia Correctional Facility in Burnside in December 2019. Justice Campbell imposed 5 years in custody, less 1,441 days of credit for remand, leaving one year and 19 days to serve. The judge found that his moral culpability was reduced by the circumstances described in an Impact of Race and Culture Assessment, but that a sentence of less than 5 years would fail to recognize the seriousness of the crime.
In the judge's words
1Restraint in sentencing cannot be used to justify a demonstrably unfit sentence that does not reflect the seriousness of the crime and the moral culpability of the offender. A sentence of less than 5 years in this case would fail to recognize the seriousness of the crime.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- 34 prior convictions, 5 violent1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: Rick Woodburn and Scott Morrison
Defence: Godfred Chongatera
Sources
- R. v. Crawley, 2022 NSSC 199 Court decision, CanLII, July 20, 2022
[51] Andriko Crawley is sentenced to 5 years.
[4] Mr. Crawley has a criminal record. He is 35 years old, and he got involved with the adult criminal justice system when he was about 20 years old. He has a total of 34 criminal convictions. They include 5 convictions for violent offences.
[50] … Restraint in sentencing cannot be used to justify a demonstrably unfit sentence that does not reflect the seriousness of the crime and the moral culpability of the offender. A sentence of less than 5 years in this case would fail to recognize the seriousness of the crime.
[51] Andriko Crawley is sentenced to 5 years. That would be 1,825 days without regard to leap years. He has been in custody on this charge from December 2, 2019 to July 20, 2022, which is a total of 961 days. Credit for remand should be given at one and a half days for each day served, which is a total of 1,441 days.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Crawley, 2022 NSSC 199 Court decision, Courts of Nova Scotia