Aggravated assault
R. v. Lilly
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Jacob Matthew Lilly was found guilty of aggravated assault for his part in a group beating and stabbing of another inmate at the Central Nova Scotia Correctional Facility in December 2019; the Crown abandoned its dangerous offender application and sought long-term offender designation. The Crown asked for 5 to 6 years followed by a 7- to 10-year long-term supervision order, and the defence 2.5 to 3 years followed by probation. Justice Campbell designated him a long-term offender and imposed 3 years and 10 months, consecutive to his current sentence and less 817 days of remand credit, followed by a 6-year long-term supervision order, finding a longer term would exceed his moral culpability and the sentences given to the others involved.
In the judge's words
1Having regard to the principles that govern sentencing he should not be required to serve a sentence that exceeds the level of his moral culpability and the sentences imposed on others to provide him with the counselling and treatment that he requires. That will have to be done through a long-term supervision order.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years and 6 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Rick Woodburn, K.C. and Scott Morrison
Defence: Ian Hutchison
Sources
- R. v. Lilly, 2024 NSSC 301 Court decision, CanLII, October 8, 2024
[3] The Crown has recommended that Mr. Lilly be sentenced to a period of incarceration of 5 to 6 years followed by a long-term supervision order for a term of 7 to 10 years.
[3] … for Mr. Lilly, has recommended a period of incarceration of 2.5 to 3 years, less remand credit, followed by a period of probation, all to be served consecutive to recent sentences of just over 5 years.
[1] Jacob Matthew “Jake” Lilly is now 26 years old.
[165] … Having regard to the principles that govern sentencing he should not be required to serve a sentence that exceeds the level of his moral culpability and the sentences imposed on others to provide him with the counselling and treatment that he requires. That will have to be done through a long-term supervision order.
[168] Jacob Lilly is sentenced to 3 years and 10 months for the aggravated assault. That would be 1,399 days without regard to leap years. He has been in custody on this charge for a total of 545 days. Credit for remand should be given at one and a half days for each day served, which is a total of 817 days. … The long-term supervision order will begin at the time of his release and continue for a period of 6 years.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Lilly, 2024 NSSC 301 Court decision, Courts of Nova Scotia