Aggravated assault, Possession of a weapon for a dangerous purpose

R. v. Martin

  • No jail for a violent offence

Sentence and the Crown's position

Crown asked2 years less a day conditional sentence1
Judge imposed24 months less a day conditional sentence, then 12 months probation1

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

What the law allows

Maximum14 years
Crown asked2 years less a day conditional sentence
Judge imposed2 years less a day conditional sentence
Defence asked2 years less a day conditional sentence
For aggravated assault (CC 268), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 14% of the maximum. Read the section.

David Clifford Martin pleaded guilty to aggravated assault and possession of a weapon for a dangerous purpose after stabbing a man in the abdomen during a fight in downtown New Glasgow while heavily intoxicated. The Crown and defence jointly recommended a conditional sentence of two years less a day followed by 12 months of probation. Justice Hoskins accepted the joint recommendation, finding it within the acceptable range and that serving the sentence in the community would not endanger its safety.

In the judge's words

Having considered all of the circumstances surrounding the offences and offender, Mr. Martin, and weighing and balancing the purpose and principles of sentencing, I am satisfied that the joint recommendation being proffered in this case is within the acceptable range, and that and the pleas are warranted by the facts admitted.

1

The record

Prior convictions
1 prior conviction1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: J. Patrick Young
Defence: Robert Jeffcock

Sources

  1. R. v. Martin, 2024 NSSC 68 Court decision, CanLII, March 7, 2024[30] As stated, the Crown and Defence have proffered a joint recommendation for a 24-month Conditional Sentence, less one day, followed by a 12- month period of probation with stringent conditions.[30] As stated, the Crown and Defence have proffered a joint recommendation for a 24-month Conditional Sentence, less one day, followed by a 12- month period of probation with stringent conditions.[1] This is the sentencing decision in the matter of The King v. David Clifford Martin, who pleaded guilty to the offences of aggravated assault, contrary to s. 268 of the Criminal Code, and possession of a weapon for a dangerous purpose, contrary to s. 88 of the Criminal Code.- Mr. Martin does have a criminal record having committed the offence of "production of a controlled substance" contrary to section 7(1) of the Controlled Drug and Substances Act on June 16, 2005, for which he received a conditional sentence order. This would be Mr. Martin's only conviction and he has never been discharged for an offence and of importance has no incidents involving violence.[67] Having considered all of the circumstances surrounding the offences and offender, Mr. Martin, and weighing and balancing the purpose and principles of sentencing, I am satisfied that the joint recommendation being proffered in this case is within the acceptable range, and that and the pleas are warranted by the facts admitted.[68] I endorse the joint recommendation. Accordingly, the court sentences Mr. Martin to a term of imprisonment of 24-months, less one day, of imprisonment to be served in the community under strict conditions, followed by 12-months probation.
  2. Criminal Code, s. 268 Record, Justice Laws Website
  3. R. v. Martin, 2024 NSSC 68 Court decision, Courts of Nova Scotia

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