Assault causing bodily harm
R. v. Falcitelli
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
What the law allows
Dakoda Vernon Falcitelli pleaded guilty to assault causing bodily harm for repeatedly kicking a man who was down outside a New Glasgow bar on New Year's Eve 2024; the victim suffered an eye-socket fracture and a hand fracture. The Crown sought a 12-month conditional sentence followed by 18 months of probation. Judge Atwood instead granted a conditional discharge with 24 months of probation and $6,000 restitution, finding him an excellent candidate for rehabilitation and that a discharge would not be contrary to the public interest.
In the judge's words
1Discharges would not be contrary to the public interest: as the terms of the discharges will be substantial, they will take into account the sentencing imperatives of denunciation and deterrence; further, as Mr Falcitelli and Mr MacRae are unlikely to engage in further criminal activity, the public will not require protection from them.
The record
- Convicted of
- Assault causing bodily harm (CC 267(b))
- Prior convictions
- 1 prior conviction1
- At the time of the offence
- Not stated1
- Defence asked for
- Discharge1
- Appeal
- Not yet checked
- Counsel
- Crown: Allison Avery
Defence: Robert M Sutherland
Sources
- R. v. Falcitelli, 2025 NSPC 40 Court decision, CanLII, December 2, 2025
[4] The prosecution seeks a conditional-sentence order [CSO] for each, with a duration of 12 months, followed by 18 months of probation, along with primary-DNA, § 109-weapons-prohibition, and restitution orders.
[5] Defence counsel seek conditional discharges and probation—12 months for Mr MacRae, 18 months for Mr Falcitelli.
[20] Prosecuted indictably, a ¶ 267(b) charge carries no mandatory-minimum penalty, and a maximum of 10-years’ imprisonment.
[1] Dakoda Vernon Falcitelli and Tyler Drummond Chase MacRae were charged jointly in information 883253 with committing an aggravated assault upon
[41] Mr Falcitelli is 28 years of age, and has one prior finding of guilt, for a conveyance offence in 2018; he has no record for violence.
Discharges would not be contrary to the public interest: as the terms of the discharges will be substantial, they will take into account the sentencing imperatives of denunciation and deterrence; further, as Mr Falcitelli and Mr MacRae are unlikely to engage in further criminal activity, the public will not require protection from them.
[7] Instead, the Court will discharge Mr Falcitelli and Mr MacRae conditionally, and place each of them on probation for terms of 24 months, which will include restitution requirements.
- R. v. Falcitelli, 2025 NSPC 40 Court decision, Courts of Nova Scotia