R. v. Melvin (C.P.), (2015) 360 N.S.R.(2d) 321 (SC)
Judge | Chipman, J. |
Court | Supreme Court of Nova Scotia (Canada) |
Case Date | June 03, 2015 |
Jurisdiction | Nova Scotia |
Citations | (2015), 360 N.S.R.(2d) 321 (SC);2015 NSSC 165 |
R. v. Melvin (C.P.) (2015), 360 N.S.R.(2d) 321 (SC);
1135 A.P.R. 321
MLB headnote and full text
Temp. Cite: [2015] N.S.R.(2d) TBEd. JN.008
Her Majesty the Queen v. Cory Patrick Melvin
(CRH No. 399220; 2015 NSSC 165)
Indexed As: R. v. Melvin (C.P.)
Nova Scotia Supreme Court
Chipman, J.
June 4, 2015.
Summary:
The accused was found guilty of aggravated assault and possession of a weapon for a dangerous purpose.
The Nova Scotia Supreme Court sentenced the accused to 18 months' imprisonment for the assault, six months concurrent for possession of a weapon and 18 months' probation.
Criminal Law - Topic 5871
Sentence - Possession and use or sale of weapons - The accused was found guilty of aggravated assault and possession of a weapon for a dangerous purpose - In the early morning hours, in downtown Halifax, the victim sucker punched the accused causing him to fall to the ground - The victim left - The accused found the victim - An altercation ensued - The accused slashed the victim with a knife that had a four inch blade - The victim suffered a minor wound - At the time of the offence the accused was on a conditional sentence and subject to bail conditions - After the incident, he was subject to significant state supervision for four years and, but for one minor breach, conducted himself in a law abiding manner - His criminal record included some violence - Supported by friends, co-workers and family - Positive pre-sentence report - Employed - A father figure to his niece - Donated time and resources to local charities - The Nova Scotia Supreme Court sentenced the accused to 18 months' imprisonment for the assault, six months concurrent for possession of a weapon and 18 months' probation.
Criminal Law - Topic 5938
Sentence - Aggravated assault - [See Criminal Law - Topic 5871 ].
Cases Noticed:
R. v. Marsman (C.M.) (2007), 254 N.S.R.(2d) 374; 810 A.P.R. 374 (C.A.), refd to. [para. 25].
R. v. Tourville (K.), [2011] O.T.C. Uned. 1677; 2011 ONSC 1677, refd to. [para. 27].
R. v. Kagan (P.D.) (2003), 215 N.S.R.(2d) 189; 675 A.P.R. 189 (S.C.), refd to. [para. 30].
R. v. Peters (H.A.) (2010), 265 O.A.C. 148; 2010 ONCA 30, refd to. [para. 30].
R. v. Nakamura (Y.) et al., [2012] B.C.T.C. Uned. 327; 2012 BCSC 327, refd to. [para. 30].
R. v. Nicholls (J.R.), [2013] B.C.T.C. Uned. 1145; 2013 BCSC 1145, refd to. [para. 30].
R. v. Greenough, [2013] B.C.J. No. 1822, refd to. [para. 30].
R. v. MacDonald (J.B.) (2014), 343 N.S.R.(2d) 351; 1084 A.P.R. 351 (Prov. Ct.), refd to. [para. 30].
R. v. Hunter, 2015 ONSC 25, refd to. [para. 30].
R. v. Wickham, 2015 ONSC 1544, refd to. [para. 30].
Counsel:
Eric R. Woodburn, for the Crown;
Patrick MacEwen, for Cory Patrick Melvin.
This matter was heard at Halifax, Nova Scotia, on June 3, 2015, by Chipman, J., of the Nova Scotia Supreme Court, who delivered the following judgment on June 4, 2015.
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R. v. Dimock,
...review of the range of sentencing for the offence of aggravated assault, which has been cited with approval by Chipman J in R. v. Melvin, 2015 NSSC 165, and Coughlan J in R. v. Reddick, 27 The parties have helpfully provided me with a large number of sentencing cases, dealing with the......
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R v. Robinson,
...in Tourville is an Ontario decision so not binding on me but has been cited with approval by the Nova Scotia Supreme Court (R. v. Melvin, 2015 NSSC 165; and, R. v. Reddick, 2017 NSSC 189, however, in Ellison, at para. 39, Justice Wright noted that he did not completely adopt the “tiered app......
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R. v. Shand,
...[31] The caselaw provided by the Crown was the following. [32] R. v. Melvin, 2015 NSSC 165. The accused was found guilty by a jury of aggravated assault. He had stabbed the victim leaving a scar, but no internal injuries. The victi......
-
R. v. Dimock,
...review of the range of sentencing for the offence of aggravated assault, which has been cited with approval by Chipman J in R. v. Melvin, 2015 NSSC 165, and Coughlan J in R. v. Reddick, 27 The parties have helpfully provided me with a large number of sentencing cases, dealing with the......
-
R v. Robinson,
...in Tourville is an Ontario decision so not binding on me but has been cited with approval by the Nova Scotia Supreme Court (R. v. Melvin, 2015 NSSC 165; and, R. v. Reddick, 2017 NSSC 189, however, in Ellison, at para. 39, Justice Wright noted that he did not completely adopt the “tiered app......
-
R. v. Shand,
...[31] The caselaw provided by the Crown was the following. [32] R. v. Melvin, 2015 NSSC 165. The accused was found guilty by a jury of aggravated assault. He had stabbed the victim leaving a scar, but no internal injuries. The victi......