Assault
R. v. N.J.A.
A publication ban applies. The offender is not named.
- No jail for a violent offence
Sentence and the Crown's position
Crown askedSuspended sentence1
Judge imposedSuspended sentence with 12 months probation; s. 109 weapons prohibition1
What the law allows
Maximum5 years
Crown askedSuspended sentence
Judge imposedSuspended sentence
Defence askedDischarge
The offender pleaded guilty to one count of assault for pushing his then common-law spouse during an argument. The Crown sought a suspended sentence with 12 months of probation; the defence sought a conditional discharge. Justice Rowe imposed a suspended sentence with 12 months of probation, citing the aggravating factor of intimate partner violence and the goal of deterring it.
In the judge's words
1Parliament, in enacting these provisions in the Criminal Code concerning intimate partner violence, directs the sentencing judge to consider the broader context as it is an aggravating factor, and a quite serious one, with broad deterrence of intimate partner violence as a societal goal.
The record
Sources
- R. v. N.J.A., 2023 NSSC 417 Court decision, CanLII, May 11, 2023
[25] In regard to sentence, the Crown submits that a suspended sentence of probation for a period of 12 months from the date of today’s order is appropriate.
[30] It was submitted that the Court consider R v. Fallofield (1973) 13 CCC (2d) 450 (BCCA) in determining whether this matter is one that would be appropriate for an order of conditional discharge, after a period of probation of 12 months.
[13] The PSR does not disclose that N.J.A. has any current issues with drugs or alcohol. Alcohol did play a part in a prior conviction for an offence of driving while impaired with alcohol, with sentencing occurring in May of 2015.
[41] Parliament, in enacting these provisions in the Criminal Code concerning intimate partner violence, directs the sentencing judge to consider the broader context as it is an aggravating factor, and a quite serious one, with broad deterrence of intimate partner violence as a societal goal.
[50] A suspended sentence, for a period of 12 months from the date of this Order subject to terms of a Probation Order.
- Criminal Code, s. 266 Record, Justice Laws Website
- R. v. N.J.A., 2023 NSSC 417 Court decision, Courts of Nova Scotia