Aggravated assault, Uttering threats to cause death or bodily harm
R. v. MacEvoy
- On release at the time
Sentence and the Crown's position
What the law allows
Ernest MacEvoy was found guilty after trial of aggravated assault for shooting his brother in the leg, and pleaded guilty to uttering a death threat made while on a release order awaiting that trial. Judge Ross imposed 4 years for the aggravated assault and a consecutive 4 months for the threat, a global sentence of 4 years and 4 months, less roughly 9 months of remand credit. The judge said the use of a firearm against another person is an extreme form of violence justified only in extreme circumstances.
In the judge's words
1The use of a firearm against another person is an extreme form of violence which is justified only in extreme circumstances. As serious as the injuries were in this case, the shot could have done even greater damage.
The record
- Convicted of
- Aggravated assault (CC 268)
- Uttering threats to cause death or bodily harm (CC 264.1(1)(a))
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Appeal
- Not yet checked
- Counsel
- Crown: Keaven Finnerty
Defence: Kevin Patriquin
Sources
- R. v. MacEvoy, 2023 NSPC 59 Court decision, CanLII, September 12, 2023
[1] Ernest MacEvoy is before the court for sentencing for two offences – an aggravated assault committed on June 21, 2020 and a death threat uttered on or about March 20, 2023.
[3] The s.264.1 offence was committed when Mr. MacEvoy was in the Cape Breton Regional Hospital’s mental health unit. He had been on a Release Order for nearly three years awaiting trial for the aggravated assault.
[27] The use of a firearm against another person is an extreme form of violence which is justified only in extreme circumstances. As serious as the injuries were in this case, the shot could have done even greater damage.
[30] Having regard to the principles of sentence and to the aggravating and mitigating factors noted above, the accused is sentenced to 4 years incarceration for the aggravated assault, s.268. … Consequently the sentence on the s.264.1 is reduced to 4 months, consecutive, for a global sentence of 4 years and 4 months, being 52 months. Mr. MacEvoy is entitled to a credit for time spent on remand which equates to roughly 9 months. In the result, he is committed to a federal penitentiary for a period of 43 months from today’s date.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. MacEvoy, 2023 NSPC 59 Court decision, Courts of Nova Scotia