Assault
R. v. Farr
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
What the law allows
Jacob George Farr, a Halifax Regional Police officer, pleaded guilty to assault for applying pressure to the neck of a handcuffed man during an arrest in Halifax, causing a momentary loss of consciousness. The Crown sought a one-month conditional sentence followed by two years of probation; the defence sought a conditional discharge. Associate Chief Justice Duncan granted a conditional discharge with 12 months of probation and 80 hours of community service, finding the spontaneous use of force atypical for an officer of otherwise good character and declining to pre-empt the employer's disciplinary process.
In the judge's words
1The spontaneous use of force, following some provocation by the victim and not resulting in injury, by an officer for whom it would seem to be atypical behaviour, such as the circumstances of this case, requires a more nuanced balancing. The context of the commission of the crime and the otherwise good character of the offender, in my opinion, attracts more consideration.
The record
Sources
- R. v. Farr, 2024 NSSC 246 Court decision, CanLII, August 21, 2024
[6] The prosecution seeks the following: … One month custody to be served in the community in accordance with the terms of a Conditional Sentence Order (“CSO”);
[9] Counsel for Mr. Farr submits that the appropriate penalty is a discharge after satisfying the conditions of a probation order for a period of 12 months.
[2] The maximum punishment for this offence is a period of imprisonment not exceeding five years. There is no minimum punishment.
[1] Jacob Farr is a member of the Halifax Regional Police.
[75] … Mr. Farr has no previous criminal record.
[70] The spontaneous use of force, following some provocation by the victim and not resulting in injury, by an officer for whom it would seem to be atypical behaviour, such as the circumstances of this case, requires a more nuanced balancing. The context of the commission of the crime and the otherwise good character of the offender, in my opinion, attracts more consideration.
[73] In conclusion, the sentence of this court is that Mr. Farr will be discharged upon successful compliance with the conditions of a probation order for a period of 12 months.
- R. v. Farr, 2024 NSSC 246 Court decision, Courts of Nova Scotia