Break and enter a dwelling-house, Aggravated assault, Possession of a weapon for a dangerous purpose

R. v. LeRoy

  • Below the Crown's ask
  • On release at the time

Sentence and the Crown's position

Crown asked15 years in custody1
Judge imposed10 years in custody less 4 years' remand credit, leaving 6 years to serve1
5 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked15 years in custody
Judge imposed10 years in custody
Defence asked6 years in custody
For break and enter a dwelling-house (CC 348(1)(d)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Raymond Shawn Daniel LeRoy was convicted after trial of two counts of aggravated assault, breaking and entering a dwelling house, possessing a weapon for a dangerous purpose and breaching a recognizance, after he kicked in the door of an apartment and fired a shotgun, wounding two men, in February 2019. The Crown sought a global sentence of 15 years and the defence 6 years. Justice Murray imposed 10 years, less four years of remand credit, finding the offences a single rampage and that 10 years met the objectives of denunciation and deterrence.

In the judge's words

While I have decided that a double digit term of incarceration is warranted, in this instance I find that 10 years appropriately meets the objectives to be emphasized and achieves a proper balance in applying the governing principles, in terms of the accused’s overall culpability.

1

The record

Prior convictions
Not recorded
At the time of the offence
On bail1
Defence asked for
6 years in custody1
Appeal
Not yet checked
Counsel
Crown: Stephen Melnick and Christa MacKinnon
Defence: Darlene MacRury

Sources

  1. R v. LeRoy, 2023 NSSC 37 Court decision, CanLII, January 30, 2023[10] The Crown’s overall recommendation did not change, it still seeks a global sentence of 15 years for Mr. LeRoy, less the appropriate credit for remand time.[11] The Defence submits that a sentence totalling 6 years is an appropriate sentence, based on a period of 4 years incarceration for the break and enter charge and one year for each of the aggravating assault charges.[1] This is my sentencing decision in relation to the Accused, Raymond Shaun Daniel LeRoy.[116] I have been persuaded while these assaults were part of a series of events that consecutive sentences are warranted given the fact there are different victims with varying degrees of injury, and as well, that Mr. LeRoy was subject to a judicial interim release order at the time these offences were committed.[138] … While I have decided that a double digit term of incarceration is warranted, in this instance I find that 10 years appropriately meets the objectives to be emphasized and achieves a proper balance in applying the governing principles, in terms of the accused’s overall culpability.[152] Weighing and considering the entire circumstances of Mr. LeRoy and the offences for which he has been convicted, I find a fit and proper sentence is 10 years, less four (4) years of remand time. … [153] Having served 4 years, including remand credit, Mr. LeRoy will be required to serve another six (6) years.
  2. Criminal Code, s. 268 Record, Justice Laws Website
  3. R v. LeRoy, 2023 NSSC 37 Court decision, Courts of Nova Scotia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.