Aggravated assault, Possession of a weapon for a dangerous purpose, Uttering threats to cause death or bodily harm, Pointing a firearm, Unauthorized possession of a firearm

R. v. Durley

Sentence and the Crown's position

Crown asked6 years in custody1
Judge imposed6 years' imprisonment (5 years aggravated assault + 1 year consecutive for pointing a firearm), less 510 days' credit1

What the law allows

Maximum14 years
Crown asked6 years in custody
Judge imposed6 years in custody
Defence asked6 years in custody
For aggravated assault (CC 268), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 43% of the maximum. Read the section.

Francis Scott Durley pleaded guilty to aggravated assault for shooting the mother of his child in the stomach with a .22 calibre rifle in September 2024, and to pointing a firearm at her and her sister, uttering threats and firearm possession offences. The Crown and defence jointly recommended six years' imprisonment. Justice Rosinski accepted the joint recommendation and imposed six years less 510 days of credit for pre-sentence custody, finding the moral blameworthiness very high but that the proposal met the test for a true joint recommendation.

In the judge's words

The moral blameworthiness associated with Mr. Durley's actions, particularly in relation to his handling and use of the .22 calibre rifle, is very high, especially as they had life endangering and enduring consequences for Shauna Timmons - see also, inter alia, s. 718.2(a).

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
6 years in custody1
Appeal
Not yet checked
Counsel
Crown: Tracey Sturmy
Defence: Adam Rodgers

Sources

  1. R. v. Durley, 2025 NSSC 271 Court decision, CanLII, August 25, 2025[5] The Crown and Defence have jointly recommended a total sentence of 6 years' imprisonment[5] The Crown and Defence have jointly recommended a total sentence of 6 years' imprisonment[1] This is the matter of sentencing of Francis Scott Durley for having committed a number of offences, including an aggravated assault[31] The moral blameworthiness associated with Mr. Durley's actions, particularly in relation to his handling and use of the .22 calibre rifle, is very high, especially as they had life endangering and enduring consequences for Shauna Timmons - see also, inter alia, s. 718.2(a).[33] I sentence Mr. Durley to 6 years' imprisonment less pre-sentence custody credit (510 days).
  2. Criminal Code, s. 268 Record, Justice Laws Website
  3. R. v. Durley, 2025 NSSC 271 Court decision, Courts of Nova Scotia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.