Sentence Watch

Assault causing bodily harm

R. v. Kennedy

  • Below the Crown's ask
  • No jail for a violent offence
Crown asked18 months in custody1
Judge imposed18 months conditional sentence, then 2 years probation1
18 months less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum10 years
Crown asked18 months in custody
Judge imposed18 months conditional sentence
Defence asked18 months conditional sentence
For assault causing bodily harm (CC 267(b)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 15% of the maximum. Read the section.

Noah Christopher Kennedy was found guilty after trial of assault causing bodily harm on his then girlfriend, causing a fractured eye socket that required surgery. The Crown sought 18 months in custody followed by two years of probation; the defence sought an 18-month conditional sentence. Justice Bodurtha imposed an 18-month conditional sentence followed by two years of probation, finding Kennedy a first offender at low risk of reoffending and that separating him from society was not necessary to meet denunciation and deterrence.

In the judge's words

In my view, the circumstances of this offence and this offender do not warrant ordering Kennedy to serve a custodial sentence. I do not find it is necessary to separate Kennedy from society to satisfy the principles of denunciation and deterrence.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
18 months conditional sentence1
Appeal
Not yet checked
Counsel
Crown: Emma Woodburn
Defence: Thomas Singleton, Leora Lawson

More cases by The Honourable Justice John P. Bodurtha

  1. August 18, 2025
    R. v. Mannette, 2025 NSSC 292Failure to stop after an accident resulting in bodily harm, Halifax
    15 months conditional sentence, then 12 months probation; 3-year driving prohibition
  2. March 28, 2025
    R. v. J.D.B., 2025 NSSC 148Possessing child sexual abuse material; Voyeurism, Sydney
    • Below the Crown's ask
    18 months in custody (1 year and 6 months consecutive), then 24 months probation
  3. March 26, 2025
    R. v. Marsman, 2025 NSSC 156Possession of a loaded prohibited or restricted firearm, Halifax
    • Below the Crown's ask
    30 months in custody, less 2 months' credit for house arrest bail and 119 days' credit for pre-trial custody (24 months and one day going forward)
  4. September 12, 2024
    R. v. Adams-Clarke, 2024 NSSC 279Second degree murder; Possession of a weapon contrary to a prohibition order, Dartmouth
    • Below the Crown's ask
    • On release at the time
    Life imprisonment, no parole for 12 years

All cases by The Honourable Justice John P. Bodurtha (8)

More assault causing bodily harm cases

  1. February 13, 2026
    R. v. Dermody, 2026 NSPC 7Assault causing bodily harm, Dartmouth. Judge Timothy G. Daley
    • Below the Crown's ask
    10 months custody going forward, then 12 months probation
  2. December 2, 2025
    R. v. Falcitelli, 2025 NSPC 40Assault causing bodily harm, New Glasgow. Judge Del W. Atwood
    • Below the Crown's ask
    • No jail for a violent offence
    Conditional discharge with 24 months probation, including $6,000 restitution
  3. October 30, 2025
    R. v. LeRoy, 2025 NSSC 360Assault causing bodily harm; Aggravated assault; Uttering threats to cause death or bodily harm; Forcible confinement; Robbery; Using a firearm in the commission of an offence; Pointing a firearm, Sydney. Justice D. Timothy Gabriel
    • On release at the time
    Long-term offender: 10 years imprisonment (counts concurrent, consecutive to sentences already being served), then a 10-year long-term supervision order; lifetime firearms prohibition
  4. July 28, 2025
    R v. Cormier, 2025 NSSC 260First degree murder; Assault causing bodily harm, Halifax. Justice Christa M. Brothers
    Life imprisonment, no parole for 25 years; 90 days concurrent for assault causing bodily harm

All assault causing bodily harm cases (20)

More from the Supreme Court of Nova Scotia

  1. August 5, 2026
    R. v. McLaughlin, 2026 NSSC 260Distribution of cannabis; Breach of trust by public officer, Pictou. Justice Bryna D. Hatt
    3 years custody on each charge, concurrent
  2. August 4, 2026
    R. v. Julian, 2026 NSSC 261Manslaughter, Antigonish. Justice Jeffrey R. Hunt
    • Below the Crown's ask
    • On release at the time
    7 years in custody, less 1364 days' credit for remand (1191 days remaining)
  3. July 31, 2026
    R. v. A.M., 2026 NSSC 262Sexual assault, Sydney. Justice D. Shane Russell
    • Below the Crown's ask
    4 years in custody (2 years consecutive on each of 2 counts), less 1,412 days remand credit; 49 days remaining
  4. July 29, 2026
    R. v. McGrath, 2026 NSSC 265Refusal to provide a sample after an accident causing death, Pictou. Justice Frank P. Hoskins
    • Below the Crown's ask
    4 years' imprisonment on each count, concurrent, then a 4-year driving prohibition

All cases from the Supreme Court of Nova Scotia (144)

More cases in Halifax

  1. July 24, 2026
    R v Chen, 2026 NSPC 47Fraud over $5,000. Judge Elizabeth A. Buckle
    2 years less a day conditional (12 months house arrest, 200 hours community service), then 3 years probation
  2. July 21, 2026
    R v BB, 2026 NSPC 34Sexual interference; Breach of a release order. Judge Bronwyn Duffy
    • Below the Crown's ask
    7 years and 1 month custody before 29 months credit for pre-sentence custody (1,704 days left to serve)
  3. June 3, 2026
    R. v. MN, 2026 NSPC 28Publishing an intimate image without consent. Judge Christine Driscoll
    • Below the Crown's ask
    5 months in custody, then 2 years probation
  4. May 21, 2026
    R. v. MacDougall, 2026 NSSC 169Possession of a firearm knowing its possession is unauthorized; Fraud over $5,000; Fraud $5,000 or under; Identity theft; Use, trafficking or possession of forged document; Identity fraud (personation); Forgery. Justice James L. Chipman
    • Below the Crown's ask
    4.5 years (54 months) global custody across 19 counts, less 558.5 days enhanced remand credit

All cases in Halifax (63)

Sources

  1. R. v. Kennedy, 2024 NSSC 326 Court decision, CanLII, October 24, 2024[9] The Crown is seeking an eighteen-month custodial sentence followed by two years’ probation.[13] The Defence is seeking an eighteen-month CSO with onerous conditions.[1] Noah Kennedy (“Kennedy”) was found guilty after trial on April 2, 2024, of assault causing bodily harm[105] Kennedy is a first offender and has led an otherwise pro-social life.[104] … In my view, the circumstances of this offence and this offender do not warrant ordering Kennedy to serve a custodial sentence. I do not find it is necessary to separate Kennedy from society to satisfy the principles of denunciation and deterrence.[117] I sentence you to an eighteen-month Conditional Sentence Order, followed by two years’ probation.
  2. Criminal Code, s. 267 Record, Justice Laws Website
  3. R. v. Kennedy, 2024 NSSC 326 Court decision, Courts of Nova Scotia

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