Assault causing bodily harm

R. v. Falcitelli

  • Below the Crown's ask
  • No jail for a violent offence

Sentence and the Crown's position

Crown asked1 year conditional sentence1
Judge imposedConditional discharge with 24 months probation, including $6,000 restitution1

What the law allows

Maximum10 years
Crown asked1 year conditional sentence
Judge imposedDischarge
Defence askedDischarge
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. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. R. v. Falcitelli, 2025 NSPC 40 Court decision, Courts of Nova Scotia

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