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
What the law allows
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
1While 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.
The record
- Convicted of
- Break and enter a dwelling-house (CC 348(1)(d))
- Aggravated assault (CC 268, 2 counts)
- Possession of a weapon for a dangerous purpose (CC 88)
- 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
- 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.
- Criminal Code, s. 268 Record, Justice Laws Website
- R v. LeRoy, 2023 NSSC 37 Court decision, Courts of Nova Scotia