Aggravated assault
R. v. Googoo
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Donald Joseph Googoo pleaded guilty to aggravated assault after he shot the victim in the foot with a high-powered rifle during an argument near Keppoch, and fired a second shot as the victim fled. The Crown sought five years in custody; the defence sought a conditional sentence. Associate Chief Justice Duncan imposed a conditional sentence of two years less one day, including 14 months of house arrest, followed by three years of probation, finding that a brain injury from a 2020 car accident reduced his moral culpability and that federal custody might not meet his medical needs.
In the judge's words
1I am satisfied, based on the evidence before me, that the risk of re-offence is sufficiently mitigated by the terms of a conditional sentence order followed by a period of probation that Mr. Googoo would seem not to represent a danger to the community. Such a Conditional Sentence Order must significantly restrict his liberty while at the same time provide him with continuity with his medical, cultural and counselling supports that are so important to his rehabilitation and ultimately to the public’s overall sense of safety.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- 4 prior convictions, 2 violent1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: Andre Arseneau
Defence: Wayne J. MacMillan
Sources
- R. v. Googoo, 2024 NSSC 247 Court decision, CanLII, July 17, 2024
[47] The prosecution seeks a sentence of five years in custody for Mr. Googoo.
[2] This offence carries a maximum sentence of fourteen (14) years’ imprisonment. There is no minimum sentence for the offence.
[1] Donald Joseph Googoo has entered a plea of guilty to the charge that he:
[117] Mr. Googoo has a criminal record: … 2004 Sep 10: 334(b) – theft under. He received a suspended sentence with probation for a year and 20 hours of community service and restitution payable of $200. … 2007 May 28: 266 – Simple Assault. He received a $300 fine plus probation for one year; plus, a charge of failing to comply with conditions for which he received a $200 fine. … 2018 Mar 22: 266 (b) Simple assault. He received one year probation.
[130] I am satisfied, based on the evidence before me, that the risk of re-offence is sufficiently mitigated by the terms of a conditional sentence order followed by a period of probation that Mr. Googoo would seem not to represent a danger to the community. Such a Conditional Sentence Order must significantly restrict his liberty while at the same time provide him with continuity with his medical, cultural and counselling supports that are so important to his rehabilitation and ultimately to the public’s overall sense of safety.
[134] The sentence of this court for the offence of aggravated assault contrary to s. 268 of the Criminal Code is that Mr. Googoo serve two years less one day in the community subject to the conditions of a Conditional Sentence Order which will include house arrest, as follows: … [135] In addition, Mr. Googoo will be subject to a probation order for 3 years, to follow completion of the conditional sentence.
- R. v. Googoo, 2024 NSSC 247 Court decision, Courts of Nova Scotia