Assault causing bodily harm

R. v. Dermody

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked12 months in custody1
Judge imposed10 months custody going forward, then 12 months probation1
60 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked12 months in custody
Judge imposed10 months in custody
Defence asked90 days in custody
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 8% of the maximum. Read the section.

Carolyn Dermody was found guilty after trial of assault causing bodily harm for repeatedly punching, kicking and kneeing another inmate in the airing court of the Central Nova Scotia Correctional Facility, after an encounter that began in self-defence. The Crown sought 12 months going forward; the defence sought 90 days. Judge Daley imposed 10 months going forward followed by 12 months of probation, treating the assault in a prison as aggravating and her traumatic background and rehabilitation efforts as significantly mitigating.

In the judge's words

I do find it is aggravating that this assault took place in a prison. The necessity to maintain safety when a person is quite vulnerable in such restrictive environments is important and when an assault occurs in that circumstance, it is aggravating.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
90 days in custody1
Appeal
Not yet checked
Counsel
Crown: Michael Blanchard
Defence: Donald Murray KC

Sources

  1. R. v. Dermody, 2026 NSPC 7 Court decision, CanLII, February 13, 2026[14] As to the positions of the parties, the Crown is seeking the following: … 1. A term of incarceration of 12 months going forward;[15] The Defence seeks a period of incarceration of 90 days going forward.[106] Therefore you, Carolyn Dermody are hereby sentenced to 10 months to be served in the Central Nova Scotia Correctional Facility on a straight time, go forward basis.[86] I do find it is aggravating that this assault took place in a prison. The necessity to maintain safety when a person is quite vulnerable in such restrictive environments is important and when an assault occurs in that circumstance, it is aggravating.[105] Considering all the circumstances, I find that a fit and appropriate sentence in this circumstance will be a period of incarceration of 10 months going forward, followed by a period of probation of 12 months with conditions.
  2. Criminal Code, s. 267 Record, Justice Laws Website
  3. R. v. Dermody, 2026 NSPC 7 Court decision, Courts of Nova Scotia

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