Aggravated Assault (Sentencing Cases)

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Generally

Case Name Sentence Summary
R v Deering,
2016 ABCA 418 (CanLII)
21 months
R v House,
2016 ABCA 414 (CanLII)
3.5 years The offender pleaded guilty to two counts of aggravated assault and one count of assault with a weapon. After being assaulted by one of his childeren, the offender struck his wife, son and niece with a pipe. The son and wife were left with serious injuries. He was 35 years old at the time with a lengthy criminal record. He appealed a jointly recommended sentence of 7 years.
R v Walia,
2016 ONSC 7495 (CanLII)
12 months The offender was found guilty at trial for assaulting her sister-in-law causing cuts to her face requiring plastic surgery. The judge also ordered 1 year probation and a DNA Order. [Per Donohue SCJ]
R v SAT,
2016 BCPC 355 (CanLII)
39 months The offender pleaded guilty to aggravated assault, assault peace officer, and breach of probation. He was on probation for aggravated assault when the assaultive offence happened. At other dates he failed to report to his bail supervisor and to stay within boundaries. The offender was intoxicated one evening and punched and kicked a stranger who was standing outside of his residence. A knife was found on the offender at the time of arrest. [per Challenger J]
R v Bailey,
2016 ONCJ 662 (CanLII)
21 months (agg ass)
60 day (mischief)
90 days (breach)
The offender was found guilty of aggravated assault and mischief under $5,000 and breach of probation. He got into a fight with a friend that included a stabbing of the victim. He had a lengthy criminal record of violence. [per West J]
R v Finlay,
2016 BCCA 299 (CanLII)
3 years [Per Goepel JA]
R v Hamlyn,
2016 ABCA 127 (CanLII)
21 months
R v Nicholls,
2013 BCSC 1145 (CanLII)
Suspended
R v Gugaruban,
2013 ONSC 3243 (CanLII)
90 days (Agg.)
30 days (Uttering Threats)
R v Lagimodiere,
2013 BCCA 174 (CanLII)
3 years caused victim to dislocate spine, became paraplegic
R v Moller,
2012 ABCA 381 (CanLII)
4 years beat victim with beer bottle
R v Barnsdale,
2012 MBCA 56 (CanLII)
2 years beat good friend in head with a shovel multiple times, caused crippling brain damage
R v Knott,
2012 MBQB 105 (CanLII)
Suspended was party to a beating
R v Best,
2012 NSCA 34 (CanLII)
3 years aggravated assault and break and enter
R v Neshinapaise,
2012 ONCJ 82 (CanLII)
2.5 years Caused severe brain damage
R v Merceica,
2011 BCPC 379 (CanLII)
3 years aggravated assault; throw hot liquid at someone in correctional facility.
R v Cox,
2010 NLTD 127 (CanLII)
12 months hit broke ribs, punctured one lung
R v Ali,
2010 MBCA 14 (CanLII)
9 months aggravated assault; broken jaw
R v MacDonald,
2010 NSSC 281 (CanLII)
12 months permanent minor nerve damage
R v Cador,
2010 ABCA 379 (CanLII)
R v C.R.D.,
2010 ABCA 128 (CanLII)
90 days inter. breaking son's leg
R v Sayazie
2010 SKCA 14 (CanLII)
3 years spousal beating, caused permanent muscle damage; no record
R v Lambert,
2010 NBQB 101 (CanLII)
4.5 years
R v Ward,
2009 BCCA 556 (CanLII)
7 years serious permanent damage to brain and body
R v Gaudet,
2009 NSPC 54 (CanLII)
9 months with probation
R v Boachie,
2008 ONCA 342 (CanLII)
23 mo (268) and 1 year (firearm)after 61 mo remand 19 year threatened 12 year old boy with handgun to head; extensive youth record
R v Menard,
2008 BCCA 522 (CanLII)
8 months strike to head with wooden and metal objects
R v Haj-Ahmed,
2007 BCCA 143 (CanLII)
5 years accused poured boiling oil on victim
R v Sooch,
2007 ABPC 260 (CanLII)
4 years 23 year old; strangulation of girlfriend
R v Payne,
2007 BCCA 541 (CanLII)
8 years extortion; struck with axe on head and hand
R v J. A.,
2006 BCPC 625 (CanLII)
2 years less a day CSO
R v Ruksys,
2006 ABCA 270 (CanLII)
15 months struck in the head, neck and arm until unconscious. Life threatening injuries.
R v Morash,
2006 SKCA 59 (CanLII)
9 years aggravated assault, assault with a weapon, break in enter. He rendered victim unconscious and them brutally stomped head. Permanent brain damage.
R v Craig,
2005 BCCA 484 (CanLII)
2 years less a day maiming
R v Armstrong,
2003 BCSC 1057 (CanLII), [2003] BCJ No. 1667 (S.C.)
8 years assaulted two probation officers with a bat causing significant injuries; mental health history;
R v Ervin,
2003 ABCA 179 (CanLII)
R v Gates,
2002 BCCA 128 (CanLII)
broken arm, a head wound requiring 18 stitches, split lip, black eyes, cigarette burns and bruises
R v Scott,
2002 CanLII 41668 (ON CA)
4 years The offender was convicted of aggravated assault, assault with a weapon, and uttering threats. The offender and accomplice viciously attacked the victim resulting in "serious and permanent injuries". Accomplice received 12 months CSO.
R v Hulshof,
2001 BCCA 308 (CanLII)
4 years robbery with knife; multiple cuts to face
R v Lafleche,
2001 ABCA 292 (CanLII)
4 years The offender plead guilty to aggravated assault and uttering threats. He and an accomplice assaulted daughter of accomplice over 2 days. They shaved victim's head, confined her to an apartment for 15 hours. She suffered a gash to her eyebrow and bruising.
R v Buckle,
2001 CanLII 37621 (NLSCTD)
4 years The offender was at a new years party and was intoxicated. He broke a glass table, pushed the two victims to the floor and hit them with a wooden chair. One victim was bruised and had cuts that required a graft. The other victim was beaten until she was unconscious and suffered broken bones in the face, hands and ribs.
R v Gagliardi,
2000 ABCA 137 (CanLII)
R v Tusek,
1999 CanLII 2075 (ON CA), [1999] O.J. No. 3413 (C.A.)
4 years stabbing customer in restaurant; age 19; no record
R v Chisholm,
1998 CanLII 2740 (NS C.A.)
6 months imprisonment aggravated assault; drunken bar fight
R v Rasanen,
1997 CanLII 3368 (BC C.A.)
6 years premeditated attack; bragged to friends about it.
R v Powell,
1994 CanLII 4072 (NS CA)
suspended Offender got into a fist fight with his mother's boyfriend causing bruises and cuts. Offender was unemployed and had a prior related record for assaults. Court emphasized rehabilitation.
R v McDonald, 1992 CanLII 8257 (SKCA) 3 years The offender hit the victim in the face with a glass, knocking him unconscious. The offender was 21 years old with a lengthy record.

Child Victim

Case Name Sentence Summary
R v Nickel,
2012 ABCA 158 (CanLII)
3 years put 9 month old's feet in boiling water
R v S.(M.J.),
2006 ABCA 176 (CanLII)
2 years less a day

Stabbing

Case Name Sentence Summary
R v Foley,
2017 CanLII 26721 (NL SCTD)
4 years
R v J.C.K.,
2013 ABCA 50 (CanLII)
2 years less a day stabbed victim 10 times in body and neck
R v J.R.,
2012 BCPC 240 (CanLII)
4 years stabbing with knife in head, unprovoked
R v Sharma,
2012 BCPC 176 (CanLII)
4 years
R v Wilson,
2012 ONCA 372 (CanLII)
4 years offender and co-accused stabbed vicctim 3 times in the back for an unpaid drug debt.
R v Haly,
2012 ONSC 2302 (CanLII)
36 months
R v Makhniashvili,
2011 ONCJ 772 (CanLII)
6 years aggravated assault; two incidents of stabbing family members in abdomen
R v Wheeler,
2011 CanLII 69366 (NL PC)
4 years stabbing in face
R v Ashley,
2008 NSPC 11 (CanLII)
2 years less a day CSO aggravated assault; stabbing twice with a knife
R v Morgan,
2008 NWTCA 12 (CanLII)
3.5 years 3 stabs to the head
R v Ryan
2006 NLTD 167 (CanLII)
6 years The offender was found guilty of aggravated assault x 2. He stabbed two people with a knife. The first stabbing was in the first victim's abdomen, which punctured his bowels and was life threatening. The second stabbing was of a police officer in the finger and lower back. Those injuries were not life threatening. The offender had a serious criminal record.
R v Whitten,
> 2006 NLTD 34 (CanLII)
5 years The offender pleaded guilty to aggravated assault and other related offences. He stabbed the victim in the back 13 times. The injuries were life threatening. The offender was 22 years old with a long criminal record.
R v Craig,
2005 BCCA 484 (CanLII), [2005] BCJ No. 2180 (C.A.)
2-3 years The offender stabbed ex-partner in the abdomen.
R v Osmond,
2005 NLTD 64 (CanLII)
4 years The offender plead guilty to aggravated assault. There was no sign of provocation. He stabbed a friend with a knife in the chest, abdomen, neck back, and head. Injuries were life threatening and required surgery. His lung and liver were punctured. The attending doctor commented that the the neck wound was close to a decapitation. The offender was young and had no prior record.
R v Taghiev,
[2004] O.J. No.5519 (S.C.J.) (*no link)
2 years less a day The offender stabbed acquaintance in back over dispute. Judge considered his positive background.
R v Belisario,
2002 BCCA 208 (CanLII)
15 months stabbing; no record
R v Deesasan,
[1996] O.J. No. 489 (*no link)
12 months stabbing in bus; victim in hospital
R v Wu,
1994 CanLII 6468 (NB CA), [1994] NBJ No.96 (C.A.)
9 years retribution stabbing of sleeping victim; injuries in multiple regions of body; no record
R v Khan,
[1991] O.J. No. 1025 (C.A.) (*no link)
8 years unprovoked stabbing of stranger in subway; mental health issue; dated prior related record
R v Sheppard,
[1987] NSJ 380 (NSCA) (*no link)
Suspended Offender slashes victim causing superficial wound in chest and lip as well as a stab in back while victim ran away. Victim was hospitalized for 8 days. Court notes high degree of remorse, completely out of character, and that jail would be harmful to rehabilitation.

Beating

Case Name Sentence Summary
R v Shahcheraghi,
2017 ONSC 574 (CanLII)
Suspended Sentence The offender was convicted by a jury of aggravated assault. He was employed as a bouncer and beat up a drunken patron.
R v Deering,
2016 ABPC 125 (CanLII)
21 months
R v Fensom,
2014 ABQB 238 (CanLII),
3 years beating of victim, causing broken bones in face, wired jaw shut.
R v Smart and Camilleri,
2013 ONSC 600 (CanLII)
90 days beating at a dance club, broke victim's jaw
R v Brethour
2013 ONSC 1167 (CanLII)
3 years
R v Laliberte
2013 SKQB 25 (CanLII)
18 months offender facilitated the escape of the perpetrators of a beating
R v Johnson
2012 CanLII 42709 (NL PC)
23 months serious beating, broken limbs
R v Saraj
2012 ONSC 4339 (CanLII)
3 years beat a taxi driver with a pipe and fists
R v Elson
2012 ABPC 88 (CanLII)
30 months offender beat victim to unconsciousness
R v DeSilva
[2010] O.J. No. 4862 (S.C.J.)(*no link)
2 years less a day beating victim with a cane causing broken bones; victim was accused of sexually assaulting offender's daughter
R v McCowan
2010 MBCA 45 (CanLII)
5.5 years punches to face causing permanent disability
R v Desjarlais
2009 MBPC 45 (CanLII)
2 years hit with multi-tool causing lacerations to forehead, eyelid and leg all requiring sutures
R v Sidhu
2005 BCCA 178 (CanLII)
3 years punch and stomp to head after unconscious
R v Irwin
2004 BCCA 433 (CanLII)
4 years kick him and stomp victim into unconsciousness
R v Moroz
2003 ABPC 5 (CanLII)
12 months CSO struck on the head at least six times with a ball-peen hammer. Significant consumption of cocaine.
R v Hiscock
2002 BCSC 1772 (CanLII)
8 years victim beaten by gang, put in vegetative state.
R v Dunn
2002 CanLII 53265 (ON C.A.)
9 years attack until unconscious; long record of violence
R v D.L.
[2002] BCJ No. 1987 (SC)(*no link)
6 to 7 years random beating
R v MacLeod
1999 BCCA 420 (CanLII)
3 years brutal beating and sexual assault

Shooting

Case Name Sentence Summary
R v Michael Larmond,
2011 ONSC 7170 (CanLII)
7 years accused shoots victim while collecting a drug debt

Infection

Case Name Sentence Summary
R v Phelan,
2012 CanLII 36207 (NL SCTD)
30 months infected victim with HIV

See Also