Aggravated assault
R. v. Fraser
Sentence and the Crown's position
What the law allows
Robert Victor Fraser was found guilty of aggravated assault for his part in a coordinated assault on an inmate at the Central Nova Scotia Correctional Facility in Burnside in December 2019, blocking correctional officers from reaching the cell. The decision does not state the Crown or defence positions. Justice Campbell imposed 4 years, consecutive to the sentence he was serving, after considering an Impact of Race and Culture Assessment, his reduced role, and sentences of 4 to 6 years imposed on co-offenders.
In the judge's words
1The fit and appropriate sentence for Mr. Fraser is incarceration for 4 years. Any lesser sentence would not apply the principles and purposes of sentencing while a longer sentence would fail to apply those purposes and principles in a way that is sensitive to Mr. Fraser’s social context and background.
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 and Scott Morrison
Defence: Nicholaus Fitch
Sources
- R. v. Fraser, 2022 NSSC 215 Court decision, CanLII, July 29, 2022
[1] Robert Fraser is being sentenced for his part in the assault of … at the Central Nova Scotia Correctional Facility in Burnside on December 2, 2019.
[99] The fit and appropriate sentence for Mr. Fraser is incarceration for 4 years. Any lesser sentence would not apply the principles and purposes of sentencing while a longer sentence would fail to apply those purposes and principles in a way that is sensitive to Mr. Fraser’s social context and background.
[100] Robert Fraser is sentenced to 4 years. … This sentence of 4 years is to be served consecutive to the sentence that Mr. Fraser is now serving.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Fraser, 2022 NSSC 215 Court decision, Courts of Nova Scotia