R. v. Melvin (C.P.), (2015) 360 N.S.R.(2d) 321 (SC)

Judge:Chipman, J.
Court:Supreme Court of Nova Scotia
Case Date:June 03, 2015
Jurisdiction:Nova Scotia
Citations:(2015), 360 N.S.R.(2d) 321 (SC);2015 NSSC 165
 
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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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