Assault with a weapon, Assault causing bodily harm, Forcible confinement, Possession of a weapon for a dangerous purpose, Theft $5,000 or under, Mischief to other property
R. v. Clayton Blaise Young
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
What the law allows
Clayton Blaise Young pleaded guilty to assault with a weapon, assault causing bodily harm, carrying a weapon for the purpose of committing an offence, two counts of forcible confinement, theft and mischief after holding two Nova Scotia Power employees at knifepoint in their truck for 45 to 60 minutes in 2022. The Crown sought three years in jail; Judge A. Peter Ross imposed a suspended sentence with three years of probation. The judge cited Gladue factors, the offender's mental state at the time, his lack of a record and strong prospects for rehabilitation, finding a community-based sentence better served his community.
In the judge's words
1I have concluded that the well-being of the accused’s community is better served by having Mr. Young serve a community-based sentence rather than adding to the ranks of indigenous persons behind bars. Ultimately, this enures to the benefit of the broader community as well.
The record
- Convicted of
- Assault with a weapon (CC 267(a))
- Assault causing bodily harm (CC 267(b))
- Forcible confinement (CC 279(2), 2 counts)
- Possession of a weapon for a dangerous purpose (CC 88)
- Theft $5,000 or under (CC 334(b))
- Mischief to other property (CC 430(4))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: Keavin-Mathieu Finnerty
Defence: Tony Mozvik, K.C.
Sources
- R. v. Clayton Blaise Young, 2024 NSPC 31 Court decision, CanLII, April 29, 2024
[58] In support of its submission for a three year jail sentence, Crown referred to R. v. Robinson 2021 NSPC 20 where a four-year sentence of incarceration was imposed.
[1] Clayton Blaise Young is before the court for sentencing for offences which he committed on February 7th, 2022.
[56] The accused has no prior criminal record.
[71] I have concluded that the well-being of the accused’s community is better served by having Mr. Young serve a community-based sentence rather than adding to the ranks of indigenous persons behind bars. Ultimately, this enures to the benefit of the broader community as well.
[73] A fit and reasonable sentence in all the circumstances, imposed concurrently on counts 3, 4, 6, 8, and 9 is a three year suspended sentence on probation, the maximum allowable period. … [76] On counts 12 and 13, the theft and property damage, the sentence is one day in jail, served by his presence in court.
- Criminal Code, s. 267 Record, Justice Laws Website
- R. v. Clayton Blaise Young, 2024 NSPC 31 Court decision, Courts of Nova Scotia