Aggravated assault
R. v. Cox
Sentence and the Crown's position
What the law allows
Kaz Henry Cox was found guilty of aggravated assault for his role in planning a group assault on an inmate at the Central Nova Scotia Correctional Facility in Burnside and in trying to keep correctional officers from intervening; he did not enter the victim's cell. Co-offenders received sentences of 5 to 6 years. Justice Campbell imposed four and a half years, less 1,252 days of remand credit, consecutive to an existing drug and firearms sentence, finding that parity had to give way in part to his social context and background.
In the judge's words
1Kaz Cox’s moral responsibility must be understood in light of his background and the lack of opportunity that he has experienced. The lack of mitigating factors must be understood in light of his background as well. His criminal record must be contextualized having regard to the overrepresentation of Black and Indigenous men in prisons and jails.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: Rick Woodburn, Scott Morrison
Sources
- R. v. Cox, 2022 NSSC 200 Court decision, CanLII, July 21, 2022
He has been found guilty of aggravated assault.
[80] … Kaz Cox’s moral responsibility must be understood in light of his background and the lack of opportunity that he has experienced. The lack of mitigating factors must be understood in light of his background as well. His criminal record must be contextualized having regard to the overrepresentation of Black and Indigenous men in prisons and jails.
[83] Kaz Cox is sentenced to 4½ years for this aggravated assault. That would be 1,642 days without regard to leap years. He has been in custody on this charge from December 2, 2019 to March 16, 2022, which is a total of 835 days. Credit for remand should be given at one and a half days for each day served, which is a total of 1,252 days.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Cox, 2022 NSSC 200 Court decision, Courts of Nova Scotia