Assault with a Weapon (Sentencing Cases)

This page was last substantively updated or reviewed January 2023. (Rev. # 93160)

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Offence Wording

Assault with a weapon or causing bodily harm

267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,

(a) carries, uses or threatens to use a weapon or an imitation thereof,

(b) causes bodily harm to the complainant, or

(c) chokes, suffocates or strangles the complainant.

R.S., 1985, c. C-46, s. 267; 1994, c. 44, s. 17; 2019, c. 25, s. 93.

– CCC (CanLII), (DOJ)

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Assault with a Weapon

Case Name	Prv.	Crt.	Sentence	Summary
R v Carr, 2023 ONCJ 22 (CanLII), per Jones J	ON	PC	30 days (weapon) 7 months (assault) 12 months (cruelty)	Find summaries of case.
R v Hickey (Sentence), 2019 CanLII 72719 (NL PC), per Porter J	NL	PC		Find summaries of case.
R v Do, 2018 BCCA 229 (CanLII), per Stromberg-Stein JA	BC	CA	18 months imprisonment	The offender was convicted at trial of assault causing bodily harm, assault with a weapon, possession of weapon for a dangerous purpose, and uttering threats. Find summaries of case.
R v Bryce, 2013 ONSC 2637 (CanLII), per Ricchetti J	ON	SC	18 months imprisonment + Probation	assault with brass knuckles. Offender has extensive record for violence. Find summaries of case.
R v Bolton, 2012 SKQB 180 (CanLII), per Chicoine J	SK	SC	12 months imprisonment	assault with a chain Find summaries of case.
R v Biemans, 2012 BCPC 95 (CanLII), per Woods J	BC	PC	7 days imprisonment	drove into victim with car Find summaries of case.
R v Cardinal, 2012 ABCA 102 (CanLII), per Rowbotham JA	AB	CA	30 months imprisonment	assault with a weapon, unlawful confinement, choking and uttering threats conviction Find summaries of case.
R v Oladimeji, 2012 ONCA 19 (CanLII), per curiam	ON	CA	28 months imprisonment	assault with a brick during a drug deal; prior related record Find summaries of case.
R v MP, 2011 BCPC 380 (CanLII), per Bennett J	BC	PC	3 years imprisonment	assault with a pool cue in the forenic hospital Find summaries of case.
R v Wells, [2011] NJ No 140(*no CanLII links)	NL		90 days imprisonment	hitting the victim with a pool cue
R v Hollett, 2011 CanLII 55968 (NL PC), [2011] NJ No 327, per Orr J	NL	PC	6 months imprisonment	assault while possessing a baseball bat Find summaries of case.
R v Pollock, 2011 CanLII 42630 (NL PC), [2011] NJ No 259, per Hyslop J	NL	PC	10 months imprisonment	fired a pellet gun at a police officer Find summaries of case.
R v Phillpot, [2011] NJ No 71(*no CanLII links)	NL		14 months imprisonment	stabbed victim in hands
R v Wells, 2007 CanLII 42203 (NL PC), [2007] NJ No 354, per Orr J	NL	PC	12 months imprisonment	stabbing Find summaries of case.
R v Nichol, 2007 NLTD 35 (CanLII), [2007] NJ No 53, per O’Regan J	NL	SC	10 months remand	threated victim with needle. Find summaries of case.
R v Poker, 2006 NLTD 154 (CanLII), [2006] NJ No 285, per Fowler J	NL	SC	2 years imprisonment	stabbing Find summaries of case.
R v Capstick, 2006 NSSC 33 (CanLII), per Cacchione J	NS	SC	discharge	"After trial the accused was found guilty of assault with a weapon (s.267(a)) and uttering threats (s. 264.1(1)). The accused lacked a prior record and had struck his 8-year-old son with a broom handle 10 to 12 times. The child suffered a series of longitudinal bruises to various parts of his body including his upper right shoulder, ribs, and waist area. The resulting injuries were described as “a bit tender” upon examination but did not require medical treatment. The trial judge described them as “ really not far off a simple assault under s.266." Find summaries of case.
R v Manning, [2005] NJ No 234(*no CanLII links)	NL		12 months imprisonment	hit the victim in the head with a beer bottle.
R v Molloy, 2005 NLTD 172 (CanLII), [2005] NJ No 309, per Dymond J	NL	SC	7 months imprisonment	hit the victim with a stick and a piece of baseboard. Find summaries of case.
R v Kerrivan, 2004 NLSCTD 112 (CanLII), [2004] NJ No 208, per Barry J	NL	SC	14 months imprisonment	pointed a firearm at the victim. Find summaries of case.
R v Anderson, [2004] NJ No 246(*no CanLII links)	NL		3 months imprisonment	threatened the police with a knife
R v Lewis, 2002 CanLII 54024 (NL SC), [2002] NJ No 114, per Handrigan J	NL	SC	18 months imprisonment	offender cut the victim's throat with a knife. Find summaries of case.
R v Sheppard, [2002] NJ No 350(*no CanLII links)	NL		8 months imprisonment	throwing a post through window of victim's home
R v Lewis, 2002 CanLII 54024 (NLSCTD), per Handrigan J	NL	SC	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. Find summaries of case.
R v Savchenko, 2000 CanLII 28797 (NL SC), [2000] NJ No 213, per Adams J	NL	SC	2 months CSO	threatened the victim with knife. Find summaries of case.
R v ACC, 2000 ABQB 654 (CanLII), [2000] A. J. No. 1100 (Alta. Q.B.), per Johnstone J	AB	SC		"a case of an assault with a weapon in a domestic relationship in which the victim was hospitalized. The offender was an Aboriginal offender with a history of violence. The sentence imposed was 14 months consecutive to a 2 year sentence that was already being served." (Quoting from R v Kruse, 2004 ABPC 194) Find summaries of case.
R v Montgrand, 1988 ABCA 239 (CanLII), 87 A.R. 221, per Hetherington JA	AB	CA		"This was a domestic violence case in which the offender was charged with assault with a weapon. The offender grabbed a knife and attempted to cut his wife’s throat. She backed away and received only a scraped throat. There was a prior record of violence, including assault on his wife. The Court of Appeal extended the sentence from 3 months to 1 year. The Court of Appeal indicated that they were proceeding with some reluctance because they did not have the Appeal Books or the judge’s reasons but proceeded because the offender was about to become eligible for release." (Quoting from R v Kruse, 2004 ABPC 194) Find summaries of case.
R v Etzkorn, , [1998] A. J. No. 362(*no CanLII links)	AB	CA		"the accused was sentenced to 90 days intermittent imprisonment along with probation. The original sentencing judge sentenced the accused only to probation. The charges before the Court related to possession of a weapon, uttering threats, assault with a weapon and unlawful confinement. The accused terrorized his mother, wife and step-daughter throughout an episode which lasted several hours. The Court of Appeal held there were unusual facts in the case in as much as the incident appeared to be an isolated one and the accused had voluntarily undertaken a series of actions to deal with his anger, resulting in better control of his anger and overcoming his addiction to alcohol and drugs. The Court described the accused’s steps as “impressive steps towards self-improvement” and the Court determined that the sentence ought to be one which would reinforce his determination to continue with the steps he had already taken." (Quoting from R v Thok, 2007 ABPC 305)

See Also

• Assault (Sentencing Cases)
• Assault Causing Bodily Harm (Sentencing Cases)
• Aggravated Assault (Sentencing Cases)