Aggravated assault, Assaulting a peace officer, Breach of a probation order
R. v. Thibault
- On release at the time
Sentence and the Crown's position
What the law allows
Colton Leigh Thibault pleaded guilty to aggravated assault after repeatedly stabbing through a bedroom door and wounding the man holding it shut, to assaulting an arresting police officer, and to breaching probation. The Crown sought 14 to 18 months in custody followed by probation; the defence sought a 20-month conditional sentence. Judge van der Hoek imposed 14 months in custody followed by 24 months of probation, finding he did not meet the test for a conditional sentence because the offences occurred while he was on probation and he had breached his release conditions.
In the judge's words
1[73] Mr. Thibault does not meet the test for a CSO. These offences occurred while he was on probation, and even now in 2021 he has not complied with this Court’s Release Order, having been found guilty of breaches while on increasingly strict conditions. I cannot find that he will comply with conditions of a CSO, and note his most recent offences for which he pled guilty also involve an assault on a police officer.
The record
- Convicted of
- Aggravated assault (CC 268)
- Assaulting a peace officer (CC 270)
- Breach of a probation order (CC 733.1)
- Prior convictions
- 12 prior convictions, 5 violent1
- At the time of the offence
- On probation1
- Defence asked for
- 20 months conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: Nathan McLean
Defence: Colin Coady
Sources
- R v. Thibault, 2023 NSPC 22 Court decision, CanLII, April 20, 2023
[6] The Crown, determined not to resile from a previously proposed plea proposal not to seek a federal sentence, seeks a provincial custodial sentence between 14 and 18 months followed by two years of probation.
[5] Defence counsel argues Mr. Thibault’s mental health conditions support a 20-month Conditional Sentence Order (CSO) followed by 24 months probation.
[1] Mr. Thibault is before the court for sentencing having plead guilty to three Criminal Code charges.
[4] Mr. Thibault was on probation at the time of the offences.
[49] The criminal record is relevant and related: • March 2019, sentenced to one day deemed served for a September 2018 breach of probation. • December 2018, sentenced to a fine for a September 2018 breach of probation. • December 2017, during a consolidated sentencing hearing, sentenced for a July 2017 fail to comply with undertaking, mischief, threats, and assault police to a 60-day CSO. On that same day, for offences that occurred in May 2017, assault, threats to cause death, and threat to cause bodily harm, a 60-day CSO. For an assault in December 2016, he also received the aforementioned CSO. An eighteen-month period of probation followed the CSO. • April 2017 fined for over 80 and possession of a substance.
[73] Mr. Thibault does not meet the test for a CSO. These offences occurred while he was on probation, and even now in 2021 he has not complied with this Court’s Release Order, having been found guilty of breaches while on increasingly strict conditions. I cannot find that he will comply with conditions of a CSO, and note his most recent offences for which he pled guilty also involve an assault on a police officer.
[74] … Mr. Thibault will serve 14 months in custody for aggravated assault on … a concurrent 6 months for assault on the officer, and a concurrent 30 days breaching the condition of his Probation Order. Upon release he will be subject to 24 months of probation with conditions sought by the Crown and agreed to by defence.
- Criminal Code, s. 268 Record, Justice Laws Website
- R v. Thibault, 2023 NSPC 22 Court decision, Courts of Nova Scotia