R. v. MacLellan (A.J.), (1998) 165 N.S.R.(2d) 347 (SC)

• Judge: Scanlan, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: September 16, 1997
• Jurisdiction: Nova Scotia
• Citations: (1998), 165 N.S.R.(2d) 347 (SC)

R. v. MacLellan (A.J.) (1998), 165 N.S.R.(2d) 347 (SC);

    495 A.P.R. 347

MLB headnote and full text

Temp. Cite: [1998] N.S.R.(2d) TBEd. MR.018

Her Majesty The Queen v. Alexander Joseph MacLellan (defendant)

(CR St. No. 06742)

Indexed As: R. v. MacLellan (A.J.)

Nova Scotia Supreme Court

Scanlan, J.

February 17, 1998.

Summary:

The accused pleaded guilty to conspiracy to commit assault. After the accused's live-in girlfriend terminated their relationship, the accused hired someone to beat her up. That person hired threw acid in the girlfriend's face, burning her face, neck and chest. The accused sought a conditional sentence to be served in the community.

The Nova Scotia Supreme Court sentenced the accused to two years' imprisonment. The court declined to grant a conditional sen­tence, given the accused's emotional prob­lems and where the court was not satisfied that serving the sentence in the community would not endanger the community.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The 41 year old accused pleaded guilty to conspiracy to commit an assault - The accused, depressed when his girlfriend terminated their relationship, hired some­one to beat her up - The hired person threw acid in the girl­friend's face, burning her face, neck and chest - The accused had severe emotional and psy­chiatric pro­blems which needed treatment - He re­cently attempted suicide - The accused sought a conditional sen­tence - The Crown did not oppose a con­ditional sen­tence, subject to conditions ensuring the safety of the com­munity - The Nova Scotia Supreme Court held that given the accused's psychological prob­lems, the court was not satisfied that serv­ing the sentence in the community would not endanger the safety of the com­munity - The court stated that "while the courts are not prohibited from imposing condi­tional sentences in cases where there are violent crimes, I think the court must be guarded when doing so" - The court sen­tenced the accused to two years' im­prison­ment.

Criminal Law - Topic 5857

Sentence - Conspiracy - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5861

Sentence - Assault - [See Criminal Law - Topic 5720.4 ].

Cases Noticed:

R. v. Grady (1974), 10 N.S.R.(2d) 90 (C.A.), refd to. [para. 14].

R. v. Simms (1982), 54 N.S.R.(2d) 4; 112 A.P.R. 4 (C.A.), refd to. [para. 17].

R. v. Leeman, [1996] O.J. No. 1282 (Prov. Ct.), refd to. [para. 21].

R. v. Poirier (1961), 37 C.R. 165 (Que. Q.B.), refd to. [para. 21].

R. v. J.W. (1997), 33 O.R.(3d) 225 (C.A.), refd to. [para. 22].

R. v. Boyes (J.) (1997), 26 O.T.C. 133 (Gen. Div.), refd to. [para. 31].

R. v. Hernandez (E.) (1997), 150 Nfld. & P.E.I.R. 121; 470 A.P.R. 121 (Nfld. S.C.), refd to. [para. 31].

R. v. Plackitt, [1997] O.J. No. 2353 (Gen. Div.), refd to. [para. 31].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 742.1 [para. 28].

Counsel:

Diane McGrath (Public Prosecution Ser­vice), for the Crown;

Donald L. Presse (Presse Mason), for the accused.

This case was heard on September 16, 1997, at Truro, N.S., before Scanlan, J., of the Nova Scotia Supreme Court, who delivered the following judgment orally on February 17, 1998.