R. v. Matheson (S.E.), (2014) 346 N.S.R.(2d) 208 (SC)

• Judge: Scaravelli, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: June 12, 2014
• Jurisdiction: Nova Scotia
• Citations: (2014), 346 N.S.R.(2d) 208 (SC);2014 NSSC 203

R. v. Matheson (S.E.) (2014), 346 N.S.R.(2d) 208 (SC);

    1095 A.P.R. 208

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. JN.027

Her Majesty the Queen v. Shane Edward Matheson

(Pic No. 425501; 2014 NSSC 203)

Indexed As: R. v. Matheson (S.E.)

Nova Scotia Supreme Court

Scaravelli, J.

June 12, 2014.

Summary:

The 20 year old accused, without provocation, stabbed the victim twice in the back and slashed his throat. The victim survived, but was paralyzed from the waist down due to his spinal cord being lacerated. The accused pleaded guilty to attempted murder.

The Nova Scotia Supreme Court sentenced the accused to 10 years' imprisonment, less credit for pretrial custody on a 1.5 to 1.0 basis, and restitution for the victim's medical expenses.

Criminal Law - Topic 5792

Punishments (sentence) - Restitution - When appropriate - [See Criminal Law - Topic 5881 ].

Criminal Law - Topic 5830.4

Sentencing - Considerations on imposing sentence - Guilty plea - [See Criminal Law - Topic 5881 ].

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5881 ].

Criminal Law - Topic 5834.2

Sentencing - Considerations on imposing sentence - Effect on victim (incl. victim impact statements) - [See Criminal Law - Topic 5881 ].

Criminal Law - Topic 5841

Sentencing - Considerations on imposing sentence - Age of accused - [See Criminal Law - Topic 5881 ].

Criminal Law - Topic 5848.2

Sentencing - Considerations on imposing sentence - Time already served (incl. bail) - [See Criminal Law - Topic 5881 ].

Criminal Law - Topic 5881

Sentence - Murder (incl. attempts) - The 20 year old accused, without provocation, stabbed the victim twice in the back and slashed his throat - The victim survived, but was paralyzed from the waist down due to his spinal cord being lacerated - The accused pleaded guilty to attempted murder - The accused reported being under the influence of alcohol and drugs at the time - He had a Grade 9 education, was single and was in receipt of income assistance benefits - He had a difficult childhood, being placed in care at age two and growing up in foster homes and group homes - He had difficulties with the law as a young offender, but no adult record - The accused pleaded guilty early on and expressed remorse - He was amenable to services to rehabilitate himself - The Nova Scotia Supreme Court stated that the range of sentences for attempted murder was eight years' imprisonment to life - Given the accused's youth and potential for rehabilitation, the court imposed a sentence at the lower end of the range, being 10 years' imprisonment - The accused was given credit for pretrial custody on a 1.5 to 1.0 basis and ordered to pay $11,251.37 in restitution for the victim's medical expenses.

Cases Noticed:

R. v. Bryan (A.C.) (2008), 272 N.S.R.(2d) 246; 869 A.P.R. 246; 2008 NSCA 119, refd to. [para. 12].

R. v. Beals (G.L.) (2011), 311 N.S.R.(2d) 73; 985 A.P.R. 73; 2011 CarswellNS 884 (Prov. Ct.), refd to. [para. 13].

R. v. Boissonneault (M.J.) (2012), 280 Man.R.(2d) 114; 548 W.A.C. 114; 2012 CarswellMan 247 (C.A.), refd to. [para. 14].

R. v. Postma, 2013 CarswellOnt 16820 (Sup. Ct.), refd to. [para. 15].

R. v. Gould (1990), 96 N.S.R.(2d) 123; 253 A.P.R. 123 (C.A.), refd to. [para. 16].

R. v. Burton (N.D.) (1994), 51 B.C.A.C. 180; 84 W.A.C. 180 (C.A.), refd to. [para. 17].

R. v. Summers (S.) (2014), 456 N.R. 1; 316 O.A.C. 349; 2014 SCC 26, refd to. [para. 23].

R. v. Carvery (2014), 456 N.R. 35; 343 N.S.R.(2d) 393; 1084 A.P.R. 393; 2014 SCC 27, refd to. [para. 23].

Counsel:

Jody McNeill, for the Crown;

Stephen Robertson, for the accused.

This matter was heard on June 12, 2014, at Pictou, N.S., before Scaravelli, J., of the Nova Scotia Supreme Court, who delivered the following judgment orally on June 12, 2014.