Intimate Partner Violence (Sentencing Cases)

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Cases

See also: Common Assault (Sentencing Cases)
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Case Name Prv. Crt. Sentence Summary
R v Somers, 2021 BCCA 205 (CanLII), per Griffin JA BC CA
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R v Fraser, 2016 ONCA 745 (CanLII) ON CA 7 years "actions against his intimate partner over the course of the 17‑month period of the indictment were described as “heinous”, “brutal”, “controlling, cruel and sadistic”, and of such frequency they involved almost daily assaults."
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Keywords: None
R v Downton, 2016 CanLII 30470 (NL PC), per Goulding J NL PC 3 months imprisonment (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.
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R v Singh, 2014 ONSC 3565 (CanLII), per Campbell J ON SC 4 months + Pr assault domestic partner twice, including once with a weapon.
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R v Burke, 2014 BCSC 2082 (CanLII) BC SC 6 years "eight counts arising from the offender’s repeat acts of violence against his intimate partner, including sexual assault. The offences took place over a period of 11 months. The offender was 39 years old at the time of sentencing, with a criminal record involving nine prior convictions, including convictions related to violence against a former intimate partner. A psychological assessment considered him to present a high risk for future intimate partner violence."
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R v Manning, 2014 CanLII 5265 (NL PC), per Porter J NL PC 9 months (CBH)
7 months (breach x2)
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Keywords: punch to face — stitches — extensive related record
R v Boland, 2012 BCPC 57 (CanLII), per Gove J BC PC absolute discharge
R v Grossetete, 2012 NWTCA 2 (CanLII), per Hunt JA NWT CA 13 months 2 assaults
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R v Sydney, 2012 NSPC 93 (CanLII), per Tax J NS PC CSO
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R v House,
2012 CanLII 8497 (NL PC), (2012), 319 Nfld. & P.E.I.R. 197 (NLPC), per Gorman J
NL PC "the accused subjected his former intimate partner to repeated acts of violent sexual and physical abuse over a four month period. He also breached a court order prohibiting him from contacting her. After the accused pleaded guilty to nine offences (four counts of assault, assault with a weapon, unlawful confinement, uttering a threat, sexual assault, and breach of recognizance), the judge determined that an appropriate sentence for all of the offences would be 6 years and 3 months. After considering the totality principle, the judge would have reduced the cumulative sentence to a term of six years’ imprisonment. The judge was influenced in this regard by the mitigating factor of the guilty plea, the offender’s young age (22 years old), and the fact he had no prior offences."
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R v Pumphrey, [2011] NJ No 129 (P.C.)(*no CanLII links) NL 90 days imprisonment + Probation assaulting of former partner and uttering a threat, offender pushed victim against a bathtub, strangled, and threatened to kill her.
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R v Major, [2011] NJ No 122 (P.C.)(*no CanLII links) NL PC 60 days CSO + probation domestic assault. He struck her and pulled her hair.
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R v Marsh,
2011 CanLII 80150 (NL PC), [2011] NJ No 440 (P.C.), per Gorman J
NL PC 6 months imprisonment 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.
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R v Wardak, 2011 ONCJ 583 (CanLII), per Wright J ON PC 90 days imprisonment domestic assault; uttering threats; no prior record
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Keywords: None
R v Sidhu, 2011 ONCA 139 (CanLII), per curiam ON CA
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R v Granger, 2011 ONCA 537 (CanLII), per curiam ON CA 18 months imprisonment conviction at trial, choking, threatening
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R v JK, 2010 NLTD 125 (CanLII), per Faour J NL SC 39 months imprisonment (global) several assaults over 5 months; aggravated assault, unlawful confinement
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R v McGrath, 2009 NLTD 45 (CanLII), per Butler J NL SC 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.
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R v Martin, 2009 ONCA 62 (CanLII), per curiam ON CA "the 38‑year‑old offender received a 10 year sentence for eight discrete incidents of intimate partner abuse, committed over an extended period of time. The sentence was upheld on appeal. The circumstances involved excessive violence and breaches of conditions. The offender’s conduct was described as emotionally and physically battering his wife into submission."
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R v Kopriva, 2008 ONCA 54 (CanLII), per curiam ON CA JailM 12
R v Aymont, 2008 ABPC 285 (CanLII), per Ogle J AB PC 15 month discharge
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R v Louison, 2008 SKCA 69 (CanLII), per Wilkinson J SK CA 24 months imprisonment two prior domestic assault convictions, including scaring. Two sets of assaults against same person.
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Keywords: None
R v R(BS),
2006 CanLII 29082 (ON CA), , 81 OR (3d) 641, per Cronk JA
ON CA
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R v States,
2006 CanLII 25973 (ON CA), (2006), 214 OAC 106 (CA), per curiam
ON CA
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R v Campbell, 2007 ONCA 313 (CanLII), per curiam ON CA 2 years imprisonment assault causing harm; long record of violence; sparked by a racial slur
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Keywords: None
R v Julian, 2006 NSPC 67 (CanLII), per Derrick J NS PC 14 mo and probation two assault on same victim; lasting injuries
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R v Hanson, 2006 YKTC 43 (CanLII), per Ruddy J YK SC conditional sentence order
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R v GC, 2005 NLTD 35 (CanLII), per LeBlanc J NL SC 45 months imprisonment aggravated assault; assault with a weapon; alcohol involved
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R v Francisco (E.N.), 2005 MBCA 110 (CanLII), per Hamilton JA MB CA 4 months imprisonment The offender was convicted of assaulting his wife and choking her to overcome resistance. The Court reduced the sentence from 11 months.
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Keywords: None
R v Heavyrunner, 2004 ABCA 15 (CanLII), per Rowbotham JA AB CA 2 years suspended sentence 2 domestic assaults; significant amount of rehabilitation
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Keywords: None
R v Ochuschayoo, 2004 SKCA 16 (CanLII), per Tallis JA SK CA 3 years imprisonment assault causing; long record
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R v MacDonald, 2003 NSCA 36 (CanLII), per Bateman JA NS CA 22 months imprisonment assault causing
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R v Morgan, [2003] NJ 341 (NLSC)(*no CanLII links) NL discharge (JR) offender dragged spouse across floor. no record.
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R v Kaiser, 2001 BCCA 494 (CanLII) BC CA "the offender was convicted of three assaults and one assault causing bodily harm (resulting in broken bones), against his intimate partner. The conduct took place over a period of three years and can be succinctly described as brutal, leaving many broken bones. The trial judge described the assaults as “the most horrendous in intensity and severity and in sheer numbers” that the judge had ever encountered. The offender had a prior history of assault of two earlier intimate partners."
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R v Smith, 1999 CanLII 1544 (ON CA), per curiam ON CA 9 months imprisonment The offender pleaded guilty to pointing a firearm, assault causing bodily harm (x2), and assault (x3) against his spouse. He had no prior record. He was remorseful and did counselling.
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Keywords: None
R v WP, 1997 CanLII 16003 (NL SC), per Barry J NL SC
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R v Cook,
1996 CanLII 4972 (SK CA), (1996), Sask R. 16 (CA), per Tallis JA
SK CA 1 year imprisonment punched wife in eyes and hit her with bottle on head; extensive record of violence
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R v Pardy,
1996 CanLII 11686 (NL SC), (1996), 145 Nfld. & PEIR 78 (NLSC), per Easton J
NL SC 21 days jail pushing girlfriend to the ground and kicking her
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R v Rodgers (V.C.),
1995 CanLII 10586 (NL SC), 138 Nfld & PEIR 94, per Easton J
NL SC
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R v Rich,
1995 CanLII 9853 (NL CA), 417 APR 268, 134 Nfld & PEIR 268, per O'Neill JA
NL CA
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R v Best, 2014 CanLII 54783 (NL SC) NL SC 12 months and 2 years probation
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R v Bonneteau, 1994 ABCA 327 (CanLII), per Hetherington JA AB CA two years less one day 3 assault causing bodily harm over 2 years
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R v Pitkeathly, 1994 CanLII 222 (ON CA), per curiam ON CA 8 years imprisonment aggravated assault
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R v Greene, 1993 CanLII 1021 (BC CA), per Taggart JA BC CA 1 year with 2 years probation bouncer argues with wife, slams head into tree and retaining wall; pulled by hair; age 26; limited record
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Keywords: None
R v Coleman, 1992 CanLII 2589 (NS C.A.), per Hallett JA NS CA 12 months imprisonment aggravated assault
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R v Brown, Highway, Umpherville,
1992 ABCA 132 (CanLII), 73 CCC 242 (Alta. CA), {{{4}}}, per curiam
AB CA 18 mo/18mo/3 years 3 separate cases; history of violence
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R v Fleiger,
1991 CanLII 2673 (NB QB), 260 APR 17, 83 Nfld & PEIR 17, per Riordon J
NB SC 12 days
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R v MacLean,
1991 CanLII 13020 (PE SCTD), 96 Nfld & PEIR 257, per DesRoches J
PEI SC
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Keywords: None
R v Nolan,
1990 CanLII 7761 (SK CA), , Sask R (CA), per Tallis JA
SK CA 6 months imprisonment struck wife; was on probation for violence against V at time
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Keywords: None
R v Dicks,
1989 CanLII 4994 (NL SC), {{{4}}}, per Soper J
NL SC
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R v WHT, 25rlj(*no CanLII links) NB CA
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R v Ayles, (1989) NSCA(*no CanLII links) NS CA 12 months imprisonment two counts of violence for assaulting wife; punch to nose and choking; in presence of children; prior record of violence
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R v Inwood, 1989 CanLII 263 (ON CA), per Howland CJ ON CA 30 days and probation
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R v Petrovic,
1984 CanLII 2003 (ON CA), , 47 OR (2d) 97 (CA), per Lacouriere JA
ON CA
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Assault Causing Bodily Harm

Case Name Prv. Crt. Sentence Summary
R v Berikoff, 1994 CanLII 3126 (BC CA) BC CA 18 months imprisonment
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Keywords: None
R v St.Jean (D.E.),
1992 CanLII 8205 (SK CA), 105 Sask R 305, per Jackson JA
SK CA
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Keywords: None