Assault causing bodily harm, Sexual assault, Uttering threats to cause death or bodily harm, Assault, Uttering threats to damage property

R. v. S.R.M.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked4 years and 6 months in custody1
Judge imposed7 years imprisonment (5 years for sexual assault plus consecutive terms on five other counts)1

What the law allows

Maximum10 years
Crown asked4 years and 6 months in custody
Judge imposed7 years in custody
Defence asked4 years and 6 months in custody
For assault causing bodily harm (CC 267(b)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 70% of the maximum. Read the section.

The offender was convicted after trial of six offences against two victims committed between 2019 and 2021, including sexual assault, assault causing bodily harm, assault and uttering threats. Crown and defence jointly recommended four and a half years in custody after the judge warned he was considering a significantly higher sentence. Judge Russell imposed seven years, departing upward from the joint recommendation, citing the gravity of the sexual assault, the persistent abuse and a prior related record, and reducing an eight-year cumulative sentence for totality.

In the judge's words

[138] After taking a “final look” I do find that the aggregate cumulative sentence of eight (8) years would be unduly harsh in the circumstances. … Rather, I am satisfied that the cumulative sentence could have the unintended result of unduly restricting his rehabilitation and reintegration back into society. It need not be and will not be more than what is necessary.

1

The record

Convicted of
Prior convictions
3 prior convictions, 3 violent1
At the time of the offence
Not stated1
Defence asked for
4 years and 6 months in custody1
Appeal
Not yet checked
Counsel
Crown: Darcy MacPherson
Defence: Oge Egereonu

Sources

  1. R. v. S.R.M., 2023 NSPC 33 Court decision, CanLII, July 17, 2023[36] After taking some time, counsel returned with a revised recommendation. The final recommendation was one of four and a half (4.5) years in custody.[36] After taking some time, counsel returned with a revised recommendation. The final recommendation was one of four and a half (4.5) years in custody.[24] … He has several prior convictions for IPV. … Later, in 2016 he was sentenced to a thirty-day conditional sentence and one year probation for two counts of assault (s.266(b)) and uttering threats (s.264.1(1)(a)) against spouse #2.[138] After taking a “final look” I do find that the aggregate cumulative sentence of eight (8) years would be unduly harsh in the circumstances. … Rather, I am satisfied that the cumulative sentence could have the unintended result of unduly restricting his rehabilitation and reintegration back into society. It need not be and will not be more than what is necessary.[139] As a result, I find that a total sentence of 7 years would appropriately reflect all principles of sentencing including proportionality. … [141] In addition, to the 7-year period of incarceration the following ancillary orders are granted:
  2. Criminal Code, s. 271 Record, Justice Laws Website
  3. R. v. S.R.M., 2023 NSPC 33 Court decision, Courts of Nova Scotia

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