Assault Causing Bodily Harm (Sentencing Cases)

This page was last substantively updated or reviewed January 2023. (Rev. # 93367)

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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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Case Digests

Case Name	Prv.	Crt.	Sentence	Summary
2022
R v Power, 2022 NLSC 167 (CanLII), per I'Flaherty J	NL	SC	12 months imprisonment	Find summaries of case.
2021
R v TB, 2021 ABCA 17 (CanLII), per curiam	AB	CA	6 months imprisonment	Find summaries of case.
2019
R v Espinosa Ribadeneira, 2019 NSCA 7 (CanLII), per Oland JA	NS	CA	discharge	The offender was convicted of assault CBH x 2 and unlawfully in a dwelling. Find summaries of case.
R v Prevost, 2019 ABCA 398 (CanLII), per curiam	AB	CA		"the accused was sentenced to 36 months imprisonment on six counts, including 30 months on a charge of assault causing bodily harm. The complainant was the domestic partner of the accused and was held down and strangled with both hands over an extended period. The complainant came in and out of consciousness. The accused had prior convictions for assaulting the complainant and also for assaulting other women he knew." (Quoting from R v Llewellyn, 2022 ABPC 67) Find summaries of case.
2018
R v Moore, 2018 NSSC 148 (CanLII), per Campbell J	NS	SC	1 year imprisonment	Find summaries of case.
R v Scott, 2018 MBPC 29 (CanLII), per Krahn J	{{}}			Find summaries of case.
2017
R v O'Loughlin, 2017 ONCA 89 (CanLII), per curiam	ON	CA	20 months imprisonment	The offender was convicted at trial for being a participant in a prison beating of another inmate. Find summaries of case.
R v Gomez, 2017 BCPC 7 (CanLII), per Rideout J	BC	PC	6 months imprisonment	The offender got into a fight with the victim in the street after leaving a nightclub. He was 25 years old and had no criminal record. Find summaries of case.
R v Berg, 2017 SKPC 11 (CanLII)	SK	PC	CSO 3 months	"The youthful accused was found guilty of assault causing bodily harm to his infant daughter. He had no prior record. The infant was crying, he attempted to comfort her, but she continued to cry. While holding a video game controller by the cord he hit her. The assault resulted in severe bruising....The accused had been diagnosed with Asperger’s Syndrome." Find summaries of case.
2016
R v Forsythe, 2016 BCPC 202 (CanLII), per Challenger J	BC	PC	18 months plus probation	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. Find summaries of case.
2015
R v Chartrand, 2015 MBCA 2 (CanLII), per Steel JA	MB	CA	5 months imprisonment	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. Find summaries of case.
R v Balla, 2015 YKTC 15 (CanLII)	YK	SC		Find summaries of case.
2014
R v Tutin, 2014 YKSC 51 (CanLII), per Veale J	YK	SC		"Veale J. acceded to a joint submission on appeal that a 12-month conditional sentence was appropriate in circumstances where Mr. Tutin, acting as a bouncer at a local establishment, lost control, struck the victim twice with his fist and then flipped him over and dropped him on his head, knocking the victim unconscious and causing him to suffer a concussion. The 12-month sentence took into account the fact that Mr. Tutin had already served four months on probation on the suspended sentence originally imposed." (Quoting from R v Balla, 2015 YKTC 15 (CanLII)) Find summaries of case.
R v Jwada Hedar-Kadhim, 2014 BCCA 356 (CanLII)	BC	CA		Find summaries of case.
2013
R v Getachew, 2013 ONSC 3219 (CanLII), per Campbell J	ON	SC	4.5 months imprisonment	Find summaries of case.
R v Lausberg, 2013 ABCA 72 (CanLII), per MacDonald JA	AB	CA		"the accused was charged with assault causing bodily harm. The Crown proceeded by indictment. The accused asked his former domestic partner to meet him. Without warning, he strangled the accused with a scarf then after she had fallen to the ground, choked her to the point where she lost consciousness. He then drove away leaving the complainant in a parking lot completely helpless. The Court of Appeal imposed a sentence of two years." (Quoting from R v Llewellyn, 2022 ABPC 67) Find summaries of case.
2012
R v Reesor, 2012 ABPC 163 (CanLII), per AJ Brown J	AB	PC	90 days imprisonment	Find summaries of case.
R v SCR, 2012 BCPC 122 (CanLII), per De Couto J	BC	PC	4 years imprisonment	" a four‑ year sentence for a "prolonged and vicious" spousal attack in the presence of children. The offender in that case was 36 years old and had a previous record for violence, including a prior spousal assault" Find summaries of case.
R v Gladue, 2012 ABCA 118 (CanLII), per curiam	AB	CA	11 months imprisonment	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 Find summaries of case.
R v Lundrigan, 2012 CanLII 13515 (NL PC), per Porter J	NL	PC	9 months CSO	strike once to face causing broken cheek bone, needed facial reconstructive surgery, dated prior offence, summary election. Find summaries of case.
R v Little, 2012 ONCJ 210 (CanLII), per De Filippis J	ON	PC	4 months imprisonment	offender punched victim in face during cottage party, breaking jaw-some provocation--offender had prior youth record for dangerous driving causing death Find summaries of case.
2011
R v Perry, 2011 ABPC 221 (CanLII), per Daniel J	AB	PC		"a baseball coach was given a suspended sentence with one year of probation for a conviction for assault causing bodily harm. He approached another coach, with whom he had been having a heated argument, from behind, sucker-punching him in the face causing injuries to his nose that required reconstructive surgery. This occurred in the presence of both coaches’ children and a number of youth baseball team players and spectators. This was an unprovoked attack." (Quoting from R v Balla, 2015 YKTC 15 (CanLII)) Find summaries of case.
R v Johnson, 2011 YKTC 70 (CanLII), per Gower J	YK	SC		"Gower J. imposed a sentence of 15 months to be served conditionally after a guilty plea to having committed the offence of assault causing bodily harm. The victim and Mr. Johnson, who were known to each other, were involved in a heated argument in a bar. They were ejected, the victim out the back and Mr. Johnson out the front. The victim came around to the front of the bar and a fight started between them. The victim twice put his hands up and stated that he was “done”. Mr. Johnson continued to kick the victim, and, as the victim was being helped up, kicked him in the head knocking him unconscious. Mr. Johnson tried to kick the victim again but was stopped by several bystanders." Find summaries of case.
2010
R v Sykes, 2010 ABCA 24 (CanLII), per Rowbotham JA	AB	CA		Find summaries of case.
R v Turtle, 2010 ABCA 334 (CanLII), per curiam	AB	CA		"the Court of Appeal reduced a sentence of three years, nine months to one of 32 months. The assault cause bodily harm conviction in that case was for kicking, choking and punching a vulnerable, domestic partner who was a paraplegic. The offence was committed while the offender was on a court order that prohibited his contact and the consumption of alcohol. The offender was 31 years old with a 16 prior assault convictions, two against the same victim." (Quoting from R v Scott, 2018 MBPC 29) Find summaries of case.
2007
R v Spoljarich, 2007 SKCA 112 (CanLII), per Richards JA	SK	CA	19.5 months imprisonment	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 Find summaries of case.
R v White, 2007 NLCA 44 (CanLII), per Cameron JA	NL	CA		"a five year sentence was upheld for an assault cause bodily harm conviction after trial. The 52 year old offender had a serious criminal record for assault and eight assault cause bodily harm or assault with a weapon charges. The injuries sustained by the victim included bruises, cuts, bite marks and a permanent indentation on her forehead. The Court of Appeal did note that this sentence was on the high end of the range." (Quoting from R v Scott, 2018 MBPC 29) Find other summaries.
2004
R v Kruse, 2004 ABPC 194 (CanLII), per Meagher J	AB	PC		"In that case a prostitute accompanied the accused for the purpose of having sex for which she was initially paid $100 for the sexual intercourse. After the sex they both fell asleep and at eight o’clock the next morning the accused woke the victim, straddling her, demanding his money back and demanding further sex. When she refused he started choking her with both hands and he threatened to kill her. She screamed and struggled and he kneed her in the face. He went to the bathroom to run water in the bathtub which caused the victim to believe he was going to drown her. She tried to run out of the room. The accused grabbed her again and choked her until she was unable to catch her breath. She broke free, wearing only a towel, and received assistance from hotel staff members. The case describes the detail of her injuries which included red hand prints around her neck from the choking, bleeding from her mouth and nose and swelling to the left side of her face. There was also a large four inch bruise on her lower back from being thrown to the floor." (Quoting from R v Thok, 2007 ABPC 305) Find other summaries.
2003
R v Punnen, 2003 CanLII 20465 (ON CA), per Weiler JA	ON	CA		Find other summaries.
2002
R v Bodnaruk, 2002 SKCA 21 (CanLII), per Jackson JA	SK	CA	3 years imprisonment	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. Find summaries of case.
R v Billy, , [2002] A. J. No. 370(*no CanLII links)	AB	CA		"an Alberta Court of Appeal case which was a case of assault causing bodily harm on a stranger. This attack was described as a “vicious assault” and the offender had a record of three prior assaults. The Court of Appeal upheld a sentence of 12 months imprisonment." (Quoting from R v Kruse, 2004 ABPC 194)
1996
R v Curtis, 1996 CanLII 5003 (SK CA), per Vanice JA	SK	CA
1995
R v Crazybull, , [1995] A. J. No. 473(*no CanLII links)	AB			"a domestic violence case involving a charge of assault causing bodily harm by an Aboriginal offender. The Alberta Court of Appeal emphasized the importance of general deterrence and specific deterrence. This case was unusual because by the time it arrived at the Court of Appeal Mr. Crazybull had already served a certain amount of time in a residential treatment centre pursuant to a term in a 3 year probation order. The Court in obiter did state that, on the facts and circumstances of that case, normally the sentence would be 12 months imprisonment and 2 years probation."
1994
R v Swenson, 1994 CanLII 4683 (SK CA), [1994] 9 WWR 124, 91 CCC (3d) 541, per Vancise JA	SK	CA	Suspended Sentence	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. Find summaries of case.
1991
R v Prince, , [1991] A. J. No. 952(*no CanLII links)	AB			"which was a decision of Judge Fradsham, of the Provincial Court of Alberta. This case dealt with an offence under s.267(1)(b), assault causing bodily harm, where a stranger was beaten and choked unconscious. The offenders involved were 19 and 20 years of age. The maximum sentences imposed were 6 and 7 months followed by 2 years probation for each offender. The Court emphasized the youthfulness of the offenders and that they benefited from the “promise of rehabilitation”. The offenders were not charged with the offence of choking under s.246(a) which carries a much higher maximum penalty (life imprisonment) than assault causing bodily harm (10 years)." (Quoting from R v Kruse, 2004 ABPC 194)
R v Smith, 114 Nfld. & PEIR 82(*no CanLII links)			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.

See Also

• Assault (Sentencing Cases)
• Assault with a Weapon (Sentencing Cases)
• Aggravated Assault (Sentencing Cases)