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26 result(s)

  • 1.

    R. v. Phillips - 2006 NSCA 135 - 2006-12-14

    Court of Appeal - Decision

    A judge convicted him of assaulting the officers in the execution of their duties contrary to s. 270(1)(a) of the Criminal Code.   [...]  [9] After the trial, the trial judge convicted Mr. Phillips of the two offences under s. 270(1)(a).   [...]  If an arbitrary arrest was without legal authority or violated the Charter, the officer would not be acting “in the execution of his duty” under s. 270(1)(a).

  • 2.

    R. v. Crowther - 2014 NSPC 64 - 2014-08-19

    Provincial Court - Decision

    DECISION ON SENTENCE Judge: The Honourable Judge Del W. Atwood, Heard:   [...]  270(1)(a)CC, 249(1)(a)CC, 264.1(1)(a)CC, 430(3)CC Counsel: Patrick Young, for the Nova Scotia Public Prosecution Service   [...]  [17] In relation to the 270(1)(a)CC charge, Mr. Crowther, under the provisions of Section 109 of the Criminal Code, you are prohibited from possessing any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition or explosive substance for a period of ten (10) years

  • 3.

    R. v. Fraser - 2016 NSPC 49 - 2016-08-25

    Provincial Court - Decision

    Paras. 249(1)(a), 270(1)(a), and sub-s. 249.1(1) of the Criminal Code of Canada   [...]  • assaulting a peace officer engaged in the execution of his duty contrary to para. 270(1)(a) of the Criminal Code, case number 2987313;   [...]   as to be regarded as one continuing criminal operation as described in R. v. Osachie.[16] With respect to the para. 270(1)(a) count, I believe that a purely community-based sentence would be appropriate, given that the offence did not involve an actual attack upon Cst. Watters and that it did not result in serious injury.

  • 4.

    R. v. Gilbert - 2009 NSCA 10 - 2009-01-27

    Court of Appeal - Decision

    On that date the appellant pled guilty to several of a number of Criminal Code offences contained on a multi-count indictment: assaulting a peace officer on August 29, 2007 (s.270(1)(a)); break and entry into a dwelling house on 11 January 2008 (s.348(1)(a)); break and entry with intent on June 7/8, 2009 (s. 349(1)); breach  [...]  [2] He was sentenced to a total of 60 months incarceration, the lengthiest sentences being two 24 month periods for each of the robberies and nine months for the break and entry, all to be served consecutively.   [...]  Neither do we find that the lower sentences subsequently imposed on each of the two co-accused, for lesser included offences arising out of the January 11, 2007 events, impact the fitness of these sentences.

  • 5.

    R. v. McInnis - 2015 NSPC 89 - 2015-12-24

    Provincial Court - Decision

    SENTENCING DECISION Judge: The Honourable Judge Del W. Atwood Heard:   [...]  Paras. 145(1)(b) x 2, 270(1)(a), 334(b) and 354(1)(a) of the Criminal Code of Canada   [...]  [8] The sentence of the court will be as follows: [9] Case number 2848758, assaulting the prison staff member, a starting-point sentence of 6-months’ imprisonment.

  • 6.

    R. v. Butt - 2010 NSCA 56 - 2010-06-22

    Court of Appeal - Decision

    He was sentenced to serve a prison term of 3.5 years. The Crown says the sentence is inordinately low and seeks leave to appeal.   [...]  [3] Mr. Butt was not represented by counsel at the sentencing but was assisted by a sentencing brief prepared by his former lawyer.   [...]  • Offence date: December 7, 2008 - s.270(1)(a) assaulting a police officer - 90 days concurrent;

  • 7.

    R. v. Melvin - 2021 NSSC 4 - 2021-01-18

    Supreme Court - Decision

    5. 3 months consecutive - s. 270(1)(a) CC - June 5, 2010 - (3 x 3 months each concurrent   [...]  Offence: Assaulting a police officer s. 270(1)(a) Summary: Spitting on officers   [...]  3. April 5, 2016/March 14, 2018 - s. 270(1)(a) CC - 5 months consecutive;

  • 8.

    R. v. R.H.L. - 2008 NSCA 100 - 2008-10-22

    Court of Appeal - Decision

    [1] The appellant R.H.L. (a young person within the meaning of the Youth Criminal Justice Act) was charged, tried and convicted before Judge Pamela Williams in the Provincial Court of unlawfully assaulting a police officer engaged in the execution of his duty contrary to s. 270(1)(a) of the Criminal Code.   [...]  [2] His appeal to the Summary Conviction Appeal Court (SCAC) was dismissed, and his conviction and sentence were affirmed.   [...]  [18] By contrast, R.H.L. was charged under an Information that he unlawfully assaulted Constable Rudderham, a peace officer engaged in the execution of his duty, contrary to s. 270(1)(a) of the Criminal Code.

  • 9.

    R. v. Shalaan - 2020 NSPC 25 - 2020-06-22

    Provincial Court - Decision

    He acknowledges assaulting Cst. Brad Savage contrary to section 270(1)(a) CC, pointing a firearm at the officer contrary to s. 87(1) CC, carrying a concealed restricted weapon contrary to s. 90 CC, and doing all these things while subject to a lifetime firearms prohibition, contrary to s. 117.01(1) CC.   [...]  1. Section 270(1)(a) CC, assaulting a peace officer engaged in his duty is subject to a maximum term of imprisonment not to exceed five years.   [...]  SENTENCING DATE SENTENCE ORDERED Section 267(a) CC Assault with a weapon

  • 10.

    R. v. Gilbert - 2008 NSPC 49 - 2008-06-18

    Provincial Court - Decision

    Charge: THAT HE on or about the 29th day of August 2007 at, or near Amherst, Nova Scotia, did attempt to assault Constable John M. Haggerty, a peace officer engaged in the execution of his duty, pursuant to the provisions of section 270(1)(a) of the Criminal Code, contrary to the provisions of section 463(d) of the Criminal  [...]  [10] I’ve reviewed the pre-sentence report and I take the view that it is not a very positive report.   [...]  With respect to the offence of extortion, count number 9, a sentence of one month custody consecutive, and with respect to breach of an undertaking, a sentence of one month custody consecutive.

  • 11.

    R. v. C.E. - 2009 NSCA 79 - 2009-07-17

    Court of Appeal - Decision

    CE was charged, under s. 270(1)(a) of the Criminal Code, with unlawfully assaulting peace officers in the execution of their duties and, under s. 129(a) of the Code, with unlawfully resisting a peace officer in the execution of his duty.   [...]  A judge of the Supreme Court of Nova Scotia, as the Summary Conviction Appeal Court, allowed the Crown's appeal, and convicted CE of two counts of assaulting an officer under s. 270(1)(a) and one count of resisting an officer under s. 129(a).   [...]  She remitted the sentencing to the trial judge. [22] The SCAC judge neither enunciated nor applied the SCAC’s standard of review and deference to the trial judge’s factual findings.

  • 12.

    R. v. Perry - 2018 NSSC 16 - 2018-01-22

    Supreme Court - Decision

    [9] The Pre-Sentence Report, Gladue Report and Cultural Impact Assessment were all prepared in relation to a charge under s. 270(1)(a) of the Code and not the offences for which Mr. Perry is now being sentenced.   [...]  [88] The Gladue factors which must be considered in sentencing an Aboriginal offender permeate all aspects of sentencing.   [...]  I was subsequently advised by counsel that Mr. Perry had been sentenced to a four month conditional sentence on January 11, 2018, for the s. 270(1)(a) conviction.

  • 13.

    R. v. Patterson - 2018 NSPC 46 - 2018-09-04

    Provincial Court - Decision

    Sentencing Date and Judicial Centre Sentence Public mischief—s. 140   [...]  Assault police officer—270(1)(a) 14 Nov 2017 28 Feb 2018 HALIFAX   [...]  [29] When a court is imposing a sentence for multiple counts, or if the person being sentenced is already serving a sentence, the court must consider imposing consecutive sentences, in accordance with the provisions of sub-s. 718.3(4) of the Code.

  • 14.

    R v AL - 2018 NSPC 61 - 2018-12-11

    Provincial Court - Decision

    Subsection 5(2), Controlled Drugs and Substances Act; ¶ 270(1)(a), Criminal Code   [...]  • assaulting a peace officer, contrary to ¶ 270(1)(a) of the Criminal Code (case 8189175).   [...]  The sentence is excessively lenient and demonstrably unfit. It was, as mentioned above, also an illegal sentence because conditional sentences are only available for sentences of less than two years.

  • 15.

    R. v. Croft - 2013 NSPC 100 - 2013-08-27

    Provincial Court - Decision

    [2] Following the guilty pleas, the Court requested that a Pre-Sentence Report be prepared for a sentencing hearing on March 21, 2013.   [...]  Through counsel, prior to this sentencing, he advised the court that he believes that the assault of a peace officer charge contrary to section 270(1)(a) of the Criminal Code was withdrawn or dismissed.   [...]  As a result, I conclude that a conditional sentence order remains an “available” option in the sentencing of this offender.

  • 16.

    R. v. Belisle-Taylor - 2011 NSSC 159 - 2011-04-08

    Supreme Court - Decision

    That sentence is currently under appeal by Mr. LeBlanc. The sentencing decision is reported at 2010 NSSC 347.   [...]  [4] Following plea the sentencing was adjourned for the preparation of a pre-sentence report, which I have reviewed.   [...]  - 270(1) (a) assault police - 30 days custody concurrent - 145(3) fail to comply - 1 day concurrent

  • 17.

    R. v. Newhook - 2010 NSPC 19 - 2010-03-01

    Provincial Court - Decision

    Date of Sentence Offence Sentence August 19, 1986 (Halifax, Nova Scotia)   [...]  s. 270(1)(a) CC (Assaulting a peace officer) 14 days incarceration   [...]  Absent such a danger, there is no basis on which to sentence an offender otherwise than in accordance with the ordinary principles of sentencing.

  • 18.

    R. v. M.D.W. - 2001 NSPC 19 - 2001-07-05

    Provincial Court - Decision

    All matters were adjourned to October 11, 2000 for Pre-Sentence Report and sentencing and then again to October 12, 2000.   [...]  [28] Mr. W.’s last court appearance prior to predicate charge was in relation to a charge under s. 270(1)(a) (assaulting a peace officer).   [...]  and for which the offender may be sentenced to imprisonment for ten years or more, or

  • 19.

    J.C. (Re) - 2017 NSPC 14 - 2017-03-24

    Provincial Court - Decision

    Charges: Criminal Code sections: 334(b); 344 x 2; 348(1)(b) x 2; 279(2) x 2; 130(1); 145(3); 270(1)(a); 264.1(1)(a)   [...]  [31] A section 34 assessment was not requested for J.C.’s last sentencing, the sentencing of April 14, 2016.   [...]  There is no alternative on the sentence review in J.C.’s case other than confirming his youth sentence.

  • 20.

    R. v. Weagle - 2008 NSCA 122 - 2008-12-23

    Court of Appeal - Decision

    [1] Jason Weagle was convicted of failure to stop a motor vehicle while being pursued by a peace officer (s. 2491(1)), dangerous driving (s. 249(1)(a)), assault using a motor vehicle as a weapon (s. 267(a)) and assaulting a police officer in the execution of his duty (s. 270(1)(a)), after trial before Judge Jamie Campbell   [...]  He was sentenced to a total of 10 months incarceration. Mr. Weagle appeals his convictions alleging ineffective assistance of trial counsel, that the trial judge erred in law in relying on hearsay evidence and that the verdict is unreasonable.

  • 21.

    R. v. Lilly - 2022 NSSC 276 - 2022-10-03

    Supreme Court - Decision

    ... Assault of Correctional Officer - Section 270(1)(a) of the Criminal Code   [...]  “[because such] best achieves the sentencing principle of totality of sentence...   [...]   that I am not obligated to direct a consecutive sentence, consecutive sentences in these circumstances are appropriate unless the total sentence of consecutive sentences does exceed what is a just and appropriate sentence in the circumstances - in that case I must reduce the “aggregate sentence” to an appropriate level.

  • 22.

    Pratt v. Nova Scotia (Attorney General) - 2019 NSSC 6 - 2019-01-10

    Supreme Court - Decision

    [25] The complexity and sophistication of the federal penitentiary scheme is reserved exclusively for “sentenced” inmates.[13]   [...]  [34] The record before me indicates that Mr. Pratt is presently on remand in relation to charges of uttering threats on April 23, 2018 (s. 264.1, Criminal Code), and two counts of assaulting a peace officer (s. 270(1)(a)) on July 10, 2018.[16]   [...]  As Deputy Superintendent Dominix stated in her October 30, 2018 email: “at this time he is housed in CCU on an SMP [Sentence Management Plan].

  • 23.

    R. v. C.E. - 2009 NSSC 6 - 2009-01-16

    Supreme Court - Decision

    [1] The Crown appeals the acquittal of C.E. on charges of assaulting two police officers engaged in the lawful execution of their duties pursuant to s. 270(1)(a) of the Criminal Code, R.S.C., 1985, c. C-46, and of wilfully resisting arrest by the third officer engaged in the lawful execution of his duty contrary to s.   [...]  [57] I therefore allow the appeal, enter convictions on the offences of assaulting the police officers and wilfully resisting arrest and remit the matter to the trial judge to impose sentences.

  • 24.

    R. v. Murrins - 2002 NSCA 12 - 2002-01-22

    Court of Appeal - Decision

    [46] A distinction must be drawn between the terms sentence and punishment.   [...]  Such orders may or may not be considered part of the formal sentence of the court, but they may comprise an integral part of the punishment levied by the sentencing judge.   [...]  (xix) paragraph 270(1)(a) (assaulting a peace officer), (xx) section 279.1 (hostage taking),

  • 25.

    R. v. McCready - 2020 NSPC 41 - 2020-09-25

    Provincial Court - Decision

    s.253(1)(a), s.254(5), s.270(1)(a), s.264.1(1), s.129(a) of the Criminal Code   [...]  A finding, at sentencing, that his s.7 right was breached was upheld on appeal.   [...]  The remedy employed in that case was a reduced sentence. [97] R. v. Mohmedi, (2009) 72 C.R. (6th) 345, is a case where a belligerent accused being deliberately provocative was struck while handcuffed.