Aggravated assault
R. v. Lambert
Sentence and the Crown's position
What the law allows
Matthew Ross Lambert was found guilty of aggravated assault for his part in a group assault on another inmate at the Central Nova Scotia Correctional Facility in Burnside in December 2019; he was the first to enter the victim's cell. The Crown recommended four to six years; the defence recommended three years. Justice Campbell found six years would otherwise be fit but imposed 4 years, consecutive to the roughly 10 years left on an unrelated sentence, to respect the totality principle.
In the judge's words
1[71] The sentence imposed is 4 years. It remains within the range of those imposed on others who were involved in the assault but takes into account the fact that sentences extending to 16 years would be disproportionate to his moral blameworthiness.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- 30 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Rick Woodburn, Scott Morrison
Defence: Joven Narwal
Sources
- R. v. Lambert, 2023 NSSC 264 Court decision, CanLII, September 11, 2023
[6] The Crown has recommended a sentence of between 4 and 6 years, reflecting the range of sentences that have been imposed on others involved in the incident in the Burnside facility.
[6] … He recommends a sentence of 3 years.
[1] Matthew Ross Lambert is being sentenced for his part in the assault of … at the Central Nova Scotia Correctional Facility in Burnside on December 2, 2019.
[18] His criminal record includes a total of 30 offences spanning several years.
[71] The sentence imposed is 4 years. It remains within the range of those imposed on others who were involved in the assault but takes into account the fact that sentences extending to 16 years would be disproportionate to his moral blameworthiness.
[72] Matthew Lambert is sentenced to 4 years and he has no remand credit to apply to this sentencing, so that would be total of 1,460 days, without regard to leap years. Time served will be consecutive to the time he is currently serving.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Lambert, 2023 NSSC 264 Court decision, Courts of Nova Scotia