Aggravated assault

R. v. Coaker

Sentence and the Crown's position

Crown askedNot recorded
Judge imposed4 years less 1,336 days' remand credit (124 days remaining); s. 109 prohibition, DNA1

What the law allows

Maximum14 years
Judge imposed4 years in custody
For aggravated assault (CC 268), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 29% of the maximum. Read the section.

Matthew Francis Coaker was found guilty of aggravated assault for his part in an organized group assault on an inmate at the Central Nova Scotia Correctional Facility in Burnside in December 2019, where he was among those blocking correctional officers from intervening. Others convicted in the same incident had received 4½ to 6 years. Justice Campbell found his involvement at the low end among those convicted and imposed 4 years, less 1,336 days of remand credit, leaving 124 days to serve.

In the judge's words

In Mr. Coaker’s case, as with the others, several principles are held in tension. He was involved in an organized assault within a jail. Deterrence and denunciation are principles that apply. But those principles cannot be allowed to run away with themselves.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: Rick Woodburn and Scott Morrison
Defence: Jonathan Hughes

Sources

  1. R. v. Coaker, 2022 NSSC 201 Court decision, CanLII, July 21, 2022Matthew Francis Coaker[28] In Mr. Coaker’s case, as with the others, several principles are held in tension. He was involved in an organized assault within a jail. Deterrence and denunciation are principles that apply. But those principles cannot be allowed to run away with themselves.[39] Matthew Coaker is sentenced to 4 years. That would be 1,460 days without regard to leap years. He has been in custody on this charge from February 11, 2020 to July 21, 2022, which is a total of 891 days. Credit for remand should be given at one and a half days for each day served, which is a total of 1,336 days. To complete a 4 year term of imprisonment the calculation would be 1,460 days, less remand credit of 1,336, so the go forward sentence is 124 days.
  2. Criminal Code, s. 268 Record, Justice Laws Website
  3. R. v. Coaker, 2022 NSSC 201 Court decision, Courts of Nova Scotia

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