Common Assault (Sentencing Cases)

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Common Assault

Case Name Sentence Summary
R v Reid(Conway),
2014 CanLII 22078 (NL PC)
150 days (assault)
60 days (threats)
biting victim.
R v Chisholm,
2012 NBQB 389 (CanLII)
6 months Offender plead guilt to kicking and punching the victim at a casino. He was 22 years old aboriginal with a prior related record.
R v Norman,
[2011] N.J. No. 214 (P.C.)
1 month pushing into snowbank and holding down
R v Roefaro,
2011 BCPC 278 (CanLII)
3 years beating over 3 hours; gay victim; broken ribs, teeth
R v Rautenberg,
2011 BCPC 259 (CanLII)
12 months
R v Wells,
[2011] NJ 140(*no link)
S / S punch in side of head, no record, D sought discharge
R v Coleman,
[2010] NJ 87 (*no link)
20 days grabbing victim by hair , no record, D sought discharge
R v Hickey,
2010 CanLII 57635 (NL PC), [2010] NJ 88
6 months self-choking gesture while uttering threat
R v Lyver,
[2010] NJ 92, 2011 CanLII 54511 (NL PC)
6 months 2 assaults after unlawfully entering house, masked
R v Newman,
2009 NLCA 32 (CanLII), [2009] NJ 201
3 months threw victim against wall
R v Manning,
2009 CanLII 33466 (NL PC), [2009] NJ 167
5 months strike to face
R v Withrow,
2008 NSPC 28 (CanLII)
6 months punch victim in face, breaking false teeth and knocking him to the floor
R v Metzler,
2008 NSCA 26 (CanLII)
22 weeks assault causing bodily harm; swarming
R v Koc,
2008 NLTD 97 (CanLII), [2008] N.J. No. 161 (S.C.)
discharge appeal from 14 day CSO, would be deported if CSO sentence
R v O'Soup,
2011 SKCA 97 (CanLII)
6 months Causing bodily harm; kicked bouncer in head after he passed out
R v S.G.,
[2006] NJ 266
S/S pushing against wall, no record, D sought discharge
R v Tobin,
2005 CanLII 8659 (NL PC)
4 months assault, uttering threats, mischief and several breaches

Assault and Assault with a Weapon

Case Name Sentence Summary
R v Bryce,
2013 ONSC 2637 (CanLII)
18 months + P assault with brass knuckles. Offender has extensive record for violence.
R v Bolton,
2012 SKQB 180 (CanLII)
12 months assault with a chain
R v Biemans,
2012 BCPC 95 (CanLII)
7 days drove into victim with car
R v Cardinal,
2012 ABCA 102 (CanLII)
30 months assault with a weapon, unlawful confinement, choking and uttering threats conviction
R v Oladimeji,
2012 ONCA 19 (CanLII)
28 months assault with a brick during a drug deal; prior related record;
R v M.P.,
2011 BCPC 380 (CanLII)
3 years assault with a pool cue in the forenic hospital
R v Wells,
[2011] N.J. No. 140
90 days hitting the victim with a pool cue
R v Hollett,
[2011] N.J. No. 327
6 months assault while possessing a baseball bat
R v Pollock,
[2011] N.J. No. 259
10 months fired a pellet gun at a police officer
R v Phillpot,
[2011] N.J. No. 71
14 months stabbed victim in hands
R v Wells,
[2007] N.J. No. 354
12 months stabbing
R v Nichol,
[2007] N.J. No. 53
10 months remand threated victim with needle
R v Poker,
[2006] N.J. No. 285
2 years stabbing
R v Capstick,
2006 NSSC 33 (CanLII)
discharge Offender assaulted his child. He was in a position of trust to victim. No prior record.
R v Manning,
[2005] N.J. No. 234
12 months hit the victim in the head with a beer bottle
R v Molloy,
[2005] N.J. No. 309
7 months hit the victim with a stick and a piece of baseboard
R v Kerrivan,
[2004] N.J. No. 208
14 months pointed a firearm at the victim
R v Anderson,
[2004] N.J. No. 246
3 months threatened the police with a knife
R v Lewis,
[2002] N.J. No. 114
18 months offender cut the victim's throat with a knife
R v Sheppard,
[2002] N.J. No. 350
8 months throwing a post through window of victim's home
R v Lewis, 2002 CanLII 54024 (NL SCTD) 18 months and 3 yrs prob. The offender was convicted of assault with a weapon, common assault, and uttering threats. He cut his brother's throat with a knife and punched his father in the head. He was 29 years old with a lengthy criminal record and had a history of violent behaviour. Judge also ordered DNA Order.
R v Savchenko,
[2000] N.J. No. 213
2 months CSO threatened the victim with knife

Assault Causing Bodily Harm

Case Name Sentence Summary
R v Forsythe,
2016 BCPC 202 (CanLII)
18 months + Prob. The offender got into a fight with a stranger in the street. He punched him in the head and kicked him while on the ground. He was 28 years old at the time.
R v Downton,
2016 CanLII 30470 (NL PC)
3 months (assault)
fine (breach x 3)
The offender pleaded guilty to assault causing bodily harm against his intimate partner, breach of undertaking and recognizance. Domestic violence court.
R v Chartrand,
2015 MBCA 2 (CanLII)
5 months The offender was convicted of assault causing bodily harm. The court overturned a sentence of nine months incarceration. He was one of three persons who beat the victim in a bar brawl. The offender was the least culpable of the three. Two years probation was ordered. He had no record of violence and no convictions for six years.
R v Getachew,
2013 ONSC 3219 (CanLII)
4.5 months
R v Reesor,
2012 ABPC 163 (CanLII)
90 days
R v SCR,
2012 BCPC 122 (CanLII)
4 years
R v Gladue,
2012 ABCA 118 (CanLII)
11 months offender and victim having house party, both age 23 and intoxicated, victim urinates on carpet and a woman knocks him out--offender beats victim while unconscious--aboriginal background
R v Lundrigan,
2012 CanLII 13515 (NL PC)
9 month CSO strike once to face causing broken cheek bone, needed facial reconstructive surgery, dated prior offence, summary election.
R v Little,
2012 ONCJ 210 (CanLII)
4 months offender punched victim in face during cottage party, breaking jaw-some provocation--offender had prior youth record for dangerous driving causing death
R v Spoljarich,
2007 SKCA 112 (CanLII)
19.5 months serious beating on another inmate in jail, punching and kicking in face--offender broke nose--offender was 48 years old, had prior record of four assaults causing bodily harm
R v Bodnaruk,
2002 SKCA 21 (CanLII)
3 years The offender was convicted of two counts sexual assaults, one assault causing bodily harm, one assault with a weapon, one common assault, and two charges of uttering threats. Over four nights in a six month period he would hire a prostitute and then assault or sexually assault them. He was 21 years old he expressed remorse on appeal.
R v Swenson,
[1994] 9 W.W.R. 124, 91 CCC (3d) 541
Suspended appeal from 6 months jail sentence. Offender was a bar bouncer who attempted to break up a fight, choked customer to unconsciousness, dropped him on pavement breaking his teeth.
R v Smith,
114 Nfld. & P.E.I.R. 82
Discharge Offender was a bar door man who was taunted by the victim who was on a pub crawl. Offender kicked victim out of the bar and held door closed to prevent him from getting back in, when victim tried to get back in the offender assaulted him.

Domestic

Case Name Sentence Summary
R v Singh,
2014 ONSC 3565 (CanLII)
4 months + Pr assault domestic partner twice, including once with a weapon.
R v Manning,
2014 CanLII 5265 (NL PC)
9 months (CBH)
7 months (breach x2)
Single punch to face, required stitches. Offender had long record.
R v Boland,
2012 BCPC 57 (CanLII)
absolute discharge put hand over mouth, during domestic argument
R v Grossetete,
2012 NWTCA 2 (CanLII)
13 months 2 assaults
R v Pumphrey,
[2011] N.J. No. 129 (P.C.)
90 days + Probation assaulting of former partner and uttering a threat, offender pushed victim against a bathtub, strangled, and threatened to kill her.
R v Major,
[2011] N.J. No. 122 (P.C.)
60 days CSO + probation domestic assault. He struck her and pulled her hair.
R v Marsh,
[2011] N.J. No. 440 (P.C.)
6 months the offender grabbed victim by arm and hair, shook her head, putting it towards floor. Then offender hit victim in eye with open hand and then hit her on left side of jaw.
R v Wardak,
2011 ONCJ 583 (CanLII)
90 days domestic assault; uttering threats; no prior record
R v Sidhu
2011 ONCA 139 (CanLII)
R v Granger,
2011 ONCA 537 (CanLII)
18 mo jail conviction at trial, choking, threatening
R v McGrath,
2009 NLTD 45 (CanLII)
2 month CSO Two instances of assault, pulled her by the hair across a table, lifter her by the neck and pinned her against wall. Alcohol was factor in first instance.
R v J.K.,
2010 NLTD 125 2008 ONCA 54 (CanLII)
39 months global several assaults over 5 months; aggravated assault, unlawful confinement
R v Kopriva,
2008 ONCA 54 (CanLII)
12 months sixth assault conviction, third against victim
R v Aymont,
2008 ABPC 285 (CanLII)
15 month discharge
R v Louison,
2008 SKCA 69 (CanLII)
24 months two prior domestic assault convictions, including scaring. Two sets of assaults against same person.
R v R.(B.S.),
(2006), 81 O.R. (3d) 641 (C.A.) 2006 CanLII 29082
R v States,
(2006), 214 O.A.C. 106 (C.A.) 2006 CanLII 25973
R v Campbell,
2007 ONCA 313 (CanLII)
2 years assault causing harm; long record of violence; sparked by a racial slur
R v Julian,
2006 NSPC 67 (CanLII)
14 mo and probation two assault on same victim; lasting injuries
R v G.C.,
2005 NLTD 35 (CanLII)
45 months aggravated assault; assault with a weapon; alcohol involved
R v Heavyrunner,
2004 ABCA 15 (CanLII)
2 years suspended sentence 2 domestic assaults; significant amount of rehabilitation
R v Ochuschayoo,
2004 SKCA 16 (CanLII)
3 years assault causing; long record
R v MacDonald,
2003 NSCA 36 (CanLII)
22 months assault causing
R v Morgan,
[2003] NJ 341 (NLSC)
discharge (JR) offender dragged spouse across floor. no record.
R v Cook
(1996), Sask R. 16 (CA)
1 year punched wife in eyes and hit her with bottle on head; extensive record of violence
R v Pardy,
(1996), 145 Nfld. & P.E.I.R. 78 (N.L.S.C.)
21 days jail pushing girlfriend to the ground and kicking her
R v Bonneteau,
1994 ABCA 327 (CanLII)
two years less one day 3 assault causing bodily harm over 2 years
R v Pitkeathly
1994 CanLII 222
8 years aggravated assault
R v Greene
(1993), BCCA
1 year with 2 years probation bouncer argues with wife, slams head into tree and retaining wall; pulled by hair; age 26; limited record
R v Coleman
1992 CanLII 2589 (NS C.A.)
12 months aggravated assault
R v Brown, Highway, Umpherville
(1992), 73 CCC 242 (Alta. CA), 1992 ABCA 132 (CanLII)
18 mo/18mo/3 years 3 separate cases; history of violence
R v Nolan
(1990), Sask. R. (CA)
6 months struck wife; was on probation for violence against V at time
R v Ayles
(1989) NSCA
12 months two counts of violence for assaulting wife; punch to nose and choking; in presence of children; prior record of violence
R v Inwood,
1989 CanLII 263 (ON C.A.)
30 days and probation
R v Petrovic
(1984), 47 O.R. (2d) 97 (C.A.)

Child victim

Case Name Sentence Summary
R v Tremblay,
2013 BCPC 38 (CanLII)
15 days Offender was a hockey coach of an under 14 year old team, he berated two players during a match and then tripped two of them during the ceremonial handshake. Offender had a prior discharge for assault that was recent.
R v Gallant,
2012 CanLII 21016 (NL PC)
3 months hit and kick in face of 14 year old
R v C.(Y.J.),
2012 ONCJ 25 (CanLII)
cond. Disch. assault of 10 year old son; immigration implications of criminal record
R v Randell,
2011 CanLII 57525 (NL PC)
S/S 12 mo punch to child; struggle; dated prior record
R v J.B.,
[2011] N.J. No. 164 (P.C.)
14 day CSO offender assaulted his wife and daughter while on conditions to have no contact--he pushed daughter against bed headboard.
R v J.T.R.,
[2011] N.J. No. 339 (P.C.)
Suspended offender struck son's arm to release grip on arm
R v Samms,
[2010] N.J. No. 202 (P.C.)
6 mo CSO
R v Stacey,
[2009] N.J. No. 257 (P.C.)
6 mo jail
R v D.P.,
[2004] N.J. No. 38 (P.C.)
S/S
R v W.L.,
[2004] N.J. No. 44 (P.C.)
60 days offender threw step-son down stairs and damaged residence
R v Burke,
[1996] N.J. No. 179 (C.A.)
discharge assaulted child at orphanage, appeal from 1 month sentence

Assault by persons in authority

Case Name Sentence Summary
R v Bal
2013 BCPC 21 (CanLII)
Suspended RCMP officer hit a detainee in the head and pushed his face into asphalt.
R v Banks
2012 NBQB 133 (CanLII)
60 days prison guard assaults inmate
R v Ens and Moyse
2011 MBQB 301 (CanLII)
21 days CSO
R v Lepine
 2010 ABPC 374 (CanLII)
4 months CSO
R v Byrne
 2009 ONCA 134 (CanLII)
90 days
R v Carrigan
[2009] N.J. No. 305 (P.C.)
correctional officer assaults inmate causing bodily harm, public trust, discharge rejected
R v Gillan
 2009 BCPC 241 (CanLII)
21 days CSO
R v Feeney et al.
 2008 ONCA 756 (CanLII)
30 to 60 days
R v Langlois
 2004 BCPC 195 (CanLII)
21 days CSO
R v Nixon
 1991 CanLII 905 (BC CA)
9 months
R v Bottrell
 1981 CanLII 352 (BC CA)
45 days
R v Cusack
 [1978] NSJ No. 538 (QL), 41 CCC (2d) 289 (C.A.)

Assault Peace Officer

Spitting

Case Name Sentence Summary
R v Beaudin,
2012 ONCA 615 (CanLII)
12 months long record
R v McLeod,
2009 SKPC 85 (CanLII)
6 months spitting in eye of officer
R v Charlette,
2010 SKCA 78 (CanLII)
60 days spit in face; possible contagious disease
R v Wiersema,
2009 YKTC 6 (CanLII)
spit on officer while bleeding; had communicable disease
R v Ali,
2006 ABQB 805 (CanLII)
4 months jail spit on officer; extensive record
R v Beuk
(2005), 2005 CarswellOnt 1674 (ONSC)
suspended spat in face of breath-tech during impaired investigation
R v C.E.K.,
[2002] A.J. No.1519
12 months while being arrested accused spat at officer--offender was 22 years old, previous record for assault
R v Joseph,
[2001] O.J. No. 5726 (Ont.C.J.)
4 months jail spitting on officer; related to charges of uttering threats, breach of probation; record of violence; "uncontrollable" in community
R v Ryan,
[2001] O.J. No. 5069
3 months spitting at a police officer
R v Raycraft,
[1995] O.J. No. 3958
4 months spat at peace officer during crowd control

Physical Violence

Case Name Sentence Summary
R v Baines,
2013 ABPC 92 (CanLII)
9 months kicked officer in face causing bodily harm
R v Boden,
2012 BCPC 331 (CanLII)
3 months also sentenced to sexual assault x 2--altercation while police arresting him, officers had guns drawn, he ran at them.
R v McArthur,
2010 SKCA 90 (CanLII)
24 months appeal from 12 month sentence; also involved assault causing and mischief against police officer
R v Bougerois,
2012 ABQB 255 (CanLII)
discharge while intoxicated grabbed officer's groin, tried to kick him, no injuries sustained
R v Patton,
2011 ABCA 199 (CanLII)
48 months jail
R v Gardner,
[2011] N.J. No. 41
1 mo CSO tried to bite and pull hair of officer, no injuries--also charged with violence-related offences and mischief
R v Nehass,
2010 YKTC 64 (CanLII)
6 months offender was serving a sentence at the time--throwing urine, kicking and punching peace officers--
R v Markozashvili,
2010 ONCA 52 (CanLII)
90 days offender convicted of dangerous driving causing bodily harm--assaulted officer while resisting arrest
R v Beauprie,
2009 ABQB 323 (CanLII)
14 days offender assaulted officer while resisting arrest, no injuries. Offender was 24 years old and initially arrested for mischief and intoxication. No prior record.
R v Jacobish,
2008 NLTD 148 (CanLII)
120 days officers were removing him from a house, hit one with a snowmobile belt and punched another

on.

R v Crothers,
2007 NBQB 237 (CanLII)
10 months unprovoked assault on prison guard, with multiple hits
R v Chocolate,
2005 NWTSC 80 (CanLII)
2 years less a day
R v Legrandeur,
2006 BCSC 227 (CanLII)
suspended pushed officer in moment of anger
R v Grossman,
2004 BCPC 236 (CanLII)
1 year pepper sprayed police officer and his dog

Disarming Peace Officer