R. v. Izzard (W.), (1995) 148 N.S.R.(2d) 35 (ProvCt)

• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: December 22, 1995
• Jurisdiction: Nova Scotia
• Citations: (1995), 148 N.S.R.(2d) 35 (ProvCt)

R. v. Izzard (W.) (1995), 148 N.S.R.(2d) 35 (ProvCt);

  429 A.P.R. 35

MLB headnote and full text

Her Majesty The Queen v. William Izzard

(Case Nos. 565996; 565997)

Indexed As: R. v. Izzard (W.)

Nova Scotia Provincial Court

MacDonald, C.J.P.C.

December 22, 1995.

Summary:

The accused pleaded guilty to aggravated assault and robbery.

The Nova Scotia Provincial Court sen­tenced the accused to nine years' imprison­ment for robbery and five years (concurrent) for aggravated assault.

Criminal Law - Topic 5841

Sentencing - Considerations on imposing sentence - Age of accused - An 18 year old accused who pleaded guilty to aggra­vated assault and robbery had a lengthy criminal record, including crimes of vio­lence - The Nova Scotia Provincial Court agreed that "I do not think the ages of persons makes much difference when they are committing these violent crimes. Young men who persist in committing crimes of this sort can not expect that their ages will be regarded as mitigating cir­cumstances" - See paragraph 22.

Criminal Law - Topic 5855

Sentence - Robbery - The 18 year old accused and others randomly selected a victim to rob for gas money for the stolen car they were driving - Without warning, the accused struck the 28 year old victim in the head with an axe handle - A com­panion struck him with a hatchet - A passing motorist interrupted the robbery and the accused and others fled - Accused pleaded guilty to robbery and aggravated assault - Both premeditated - Violence was planned - Victim never given a chance to surrender his money without violence - Victim underwent two oper­ations - 18 to 24 month recovery period - Accused had substantial criminal record, including crimes of violence - Out of jail only a few days when this occurred - Dysfunctional upbringing - Allegedly no drug or alcohol abuse - Remorseful - Leniency and compassion in past sentences had no effect on the accused's behaviour - The Nova Scotia Provincial Court sen­tenced the accused to nine years' impris­onment for robbery and five years (con­current) for aggravated assault.

Criminal Law - Topic 5938

Sentence - Aggravated assault - [See Criminal Law - Topic 5855 ].

Cases Noticed:

R. v. Nutter, Collishaw and Dulong (1970), 7 C.C.C.(2d) 224 (B.C.C.A.), refd to. [para. 22].

R. v. Sonier (1985), 70 N.S.R.(2d) 425; 166 A.P.R. 425 (C.A.), refd to. [para. 22].

R. v. Hingley (1977), 19 N.S.R.(2d) 541; 24 A.P.R. 541 (C.A.), refd to. [para. 24].

Counsel:

Donald Presse, for the Crown;

Stanley W. MacDonald, for the accused.

This case was heard on December 22, 1995, before MacDonald, C.J.P.C., of the Nova Scotia Provincial Court, who delivered the following judgment orally on December 22, 1995.