Aggravated assault

R. v. Clarke-McNeil

Sentence and the Crown's position

Crown askedNot recorded
Judge imposed6 years in prison, less 418 days remand credit1

What the law allows

Maximum14 years
Judge imposed6 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 43% of the maximum. Read the section.

Kevin Edward Clarke-McNeil was found guilty after trial of aggravated assault for taking part in a planned group attack on an inmate at the Central Nova Scotia Correctional Facility in Burnside, in which the victim was beaten and stabbed. Justice Campbell imposed six years in prison, less 418 days of remand credit, finding he was a direct participant in a coordinated jail assault and noting parity with co-accused sentenced to five and a half and six years.

In the judge's words

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.

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, Scott Morrison
Defence: Mathieu Boutet

Sources

  1. R. v. Clarke-McNeil, 2022 NSSC 63 Court decision, CanLII, March 11, 2022[1] Kevin Clarke-McNeil is being sentenced for his part in the assault of … at the Central Nova Scotia Correctional Facility in Burnside.[40] 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.[49] … His level of moral culpability requires a sentence of 6 years. That would be 2,190 days without regard to leap years. … [52] … Credit for remand should be given at one and a half days for each day served, which is a total of 418 days.
  2. Criminal Code, s. 268 Record, Justice Laws Website
  3. R. v. Clarke-McNeil, 2022 NSSC 63 Court decision, Courts of Nova Scotia

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