Assault causing bodily harm, Assault by choking, suffocating or strangling, Uttering threats to cause death or bodily harm
R. v. Pardy
Sentence and the Crown's position
What the law allows
Marshall Gordon Pardy pleaded guilty to assault causing bodily harm, assault by choking and uttering a threat to cause death, for striking his seven-month-old son and, months earlier, choking and threatening his spouse. Crown and defence jointly proposed a 16-month conditional sentence followed by two years of probation. Judge Shane Russell rejected the joint recommendation on the public interest test and imposed 12 months in custody followed by two years of probation, concluding that a conditional sentence would not reflect deterrence and denunciation. On appeal, the Supreme Court of Nova Scotia (2023 NSSC 387) set the sentence aside and imposed the jointly proposed 16-month conditional sentence followed by 24 months of probation.
In the judge's words
1Specifically, I conclude that a conditional sentence would not properly reflect deterrence and denunciation given the accused’s high level of moral blameworthiness, degree of violence, and position of trust in relation to both victims.
The record
- Convicted of
- Assault causing bodily harm (CC 267(b))
- Assault by choking, suffocating or strangling (CC 267(c))
- Uttering threats to cause death or bodily harm (CC 264.1(1)(a))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 16 months conditional sentence1
- Appeal
- Sentence reduced on appeal, 2023 NSSC 387 (December 1, 2023)
The Supreme Court of Nova Scotia allowed the sentence appeal, finding the sentencing judge did not properly apply the public interest test for rejecting a joint recommendation, set aside the 12-month custodial sentence and substituted the jointly recommended 16 months of conditional sentences followed by 24 months of probation.
4
- Sentence reduced on appeal, 2023 NSSC 387 (December 1, 2023)
- Counsel
- Crown: Darcy MacPherson
Defence: James Snow
Sources
- R. v. Pardy, 2023 NSPC 39 Court decision, CanLII, July 6, 2023
[20] Counsel later revised their joint recommendation. The new recommendation is identical to the first expect for its overall length. The conditional sentence now being proposed is for 16 months.
[20] Counsel later revised their joint recommendation. The new recommendation is identical to the first expect for its overall length. The conditional sentence now being proposed is for 16 months.
[1] The accused, Marshall Gordon Pardy is being sentenced for the abuse of his spouse and infant child.
[11] The accused is 33 years old and currently single. He has no prior record and was raised in a hard-working prosocial family.
Specifically, I conclude that a conditional sentence would not properly reflect deterrence and denunciation given the accused’s high level of moral blameworthiness, degree of violence, and position of trust in relation to both victims.
[91] The total custodial sentence will be 12 months to be severed at a correctional institution followed by two years probation on the terms and conditions as recommended by the Crown.
- Criminal Code, s. 267 Record, Justice Laws Website
- R. v. Pardy, 2023 NSPC 39 Court decision, Courts of Nova Scotia
- R. v. Pardy, 2023 NSSC 387 Court decision, CanLII, December 1, 2023