Uttering threats to cause death or bodily harm, Assault, Resisting or obstructing a peace officer, Taking a motor vehicle without consent

R. v. L.K.M.

A publication ban applies. The offender is not named.

  • On release at the time

Sentence and the Crown's position

Crown asked2 years less a day in custody1
Judge imposed2 years in a federal institution, consecutive to existing sentences, then 2 years probation1

What the law allows

Maximum5 years
Crown asked2 years less a day in custody
Judge imposed2 years in custody
For uttering threats to cause death or bodily harm (CC 264.1(1)(a)), the Criminal Code currently allows up to 5 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 40% of the maximum. Read the section.

The offender was found guilty by a jury of two assaults, uttering a threat to cause death or bodily harm, taking a motor vehicle without consent and resisting a peace officer, all committed in Halifax in 2022. The Crown first sought 13 months of imprisonment and later submitted that two years less a day followed by probation could be appropriate; the self-represented offender sought the most lenient sentence possible. Justice Rosinski imposed two years in a federal institution, consecutive to existing sentences, followed by two years of probation, finding that the offences called for sentences at the higher end of the range and that the offender needed significant rehabilitation.

In the judge's words

Given LM’s circumstances and the offences he has committed, collectively they should properly be seen as requiring sentences at the higher end of the range of sentence.

1

The record

Prior convictions
Not recorded
At the time of the offence
On bail1
Appeal
Not yet checked
Counsel
Crown: Sean McCarroll and Nicholas Comeau

Sources

  1. R. v. L.K.M., 2024 NSSC 189 Court decision, CanLII, June 28, 2024[20] On May 27, 2024, I wrote to LM and the Crown: … the Crown submitting that a sentence of two years less a day followed by probation could still be appropriate.[47] Constable MacGregor was aware that LM remained bound by a Release Order entered into on April 22, 2021 (which remained in place until that relevant sentencing on February 1, 2023)[179] Given LM’s circumstances and the offences he has committed, collectively they should properly be seen as requiring sentences at the higher end of the range of sentence.[187] LM is sentenced to 2 years in custody in a Federal Institution consecutive to any existing sentence, to be followed by 2 years probation, with ancillary Orders as listed above.
  2. Criminal Code, s. 266 Record, Justice Laws Website
  3. R. v. L.K.M., 2024 NSSC 189 Court decision, Courts of Nova Scotia

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