Aggravated Assault (Sentencing Cases) (Prior to 2001): Difference between revisions

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{{SCaseLong| {{CanLIIR-S|MacLeod|54b6|1999 BCCA 420 (CanLII)}}{{perBCCA|MacKenzie JA}}|{{BC}}|CA | {{JailY|3}} | brutal beating and sexual assault}}
{{SCaseLong| {{CanLIIR-S|MacLeod|54b6|1999 BCCA 420 (CanLII)}}{{perBCCA|MacKenzie JA}}|{{BC}}|CA | {{JailY|3}} | brutal beating and sexual assault}}
{{SCaseLong|{{CanLIIR-S|Biln|546t|1999 BCCA 369 (CanLII)}}{{perBCCA|McEachern JA}} |{{BC}}|CA| | }}


{{SCaseLong| {{CanLIIR-S|Blackmore|1ct23|1999 CanLII 4059 (PE SCAD)}}{{perPEICA|Carruthers JA}} |{{PEI}}| CA| {{JailY|4}} | }}
{{SCaseLong| {{CanLIIR-S|Blackmore|1ct23|1999 CanLII 4059 (PE SCAD)}}{{perPEICA|Carruthers JA}} |{{PEI}}| CA| {{JailY|4}} | }}

Revision as of 15:52, 28 November 2023

Until 2000

See also: Aggravated Assault (Sentencing Cases)
Case Name Prv. Crt. Sentence Summary
R v MJA, 2000 CanLII 20271 (NB KB) NB SC
R v Gagliardi, 2000 ABCA 137 (CanLII), per Jones JA AB CA
R v Tusek,
1999 CanLII 2075 (ON CA), [1999] OJ No 3413 (CA), per curiam
ON CA 4 years imprisonment stabbing customer in restaurant; age 19; no record
R v Bunes, 1999 ABCA 29 (CanLII), per Perras JA AB CA
R v MacLeod, 1999 BCCA 420 (CanLII), per MacKenzie JA BC CA 3 years imprisonment brutal beating and sexual assault
R v Biln, 1999 BCCA 369 (CanLII), per McEachern JA BC CA
R v Blackmore, 1999 CanLII 4059 (PE SCAD), per Carruthers JA PEI CA 4 years imprisonment
R v Chisholm, 1998 CanLII 2740 (NS C.A.), per Bateman JA NS CA 6 months imprisonment "began with a commotion at a bar. Once the bar closed, the offender approached the victim wanting to fight, but the latter ignored him. After the victim left the bar to walk a friend back to her apartment, the offender followed them in his car, stopped, got out and swung a ski pole at the victim. The blow was deflected, as was a subsequent punch. Having been pulled away by a third party, the offender then backed his car toward the victim in an unsuccessful attempt to jam him against a building. The victim retaliated and, in so doing, broke two car windows. The offender momentarily left in his car, but returned and drove directly at the victim, this time striking him in the leg and propelling him in the air. The victim suffered injuries described as “relatively minor” (para. 6). The sentence of imprisonment for a term of 16 months on the charge of aggravated assault that followed was upheld on appeal."[1]
Keywords: intoxication — bar fight
R v Murphy, 1998 CanLII 31152 (NS SC), per Kelly J NS SC
R v Berry, 1998 ABCA 107 (CanLII), per curiam AB CA 2 years less a day
R v Rasanen, 1997 CanLII 3368 (BC C.A.), per Hall JA BC CA 6 years imprisonment premeditated attack; bragged to friends about it.
R v McQuaid, 1997 NSCA 209 (CanLII), per Chipman JA NS CA 2 years imprisonment
R v Dixon, 1997 NSCA 50 (CanLII), per Chipman JA NS CA
R v Murphy, 1995 NSCA 49 (CanLII), per Chipman JA NS CA 2 years imprisonment
R v McNeil, 1997 CanLII 2875 (NS SC), per Saunders J NS SC 18 months imprisonment (aggr.)
10 years imprisonment (manslaughter)
R v Powell, 1994 CanLII 4072 (NS CA), per Clarke CJ NS CA Suspended Sentence 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. The offender was "involved an accused who was found guilty of aggravated assault after getting into a fight with and causing injury to his mother’s boyfriend. In reaching the decision to impose a suspended sentence with three years’ probation, the court considered the past record of the accused, the fact that it was a family argument, and that all parties had been drinking at the time of the offence."
R v Powell, 1994 NSCA 204 (CanLII), per Clarke CJ NS CA suspended
R v Marks,
1994 CanLII 9742 (NL CA), 91 CCC (3d) 421, per O’Neill JA
NL SC
R v Lawrence,
1993 CanLII 4611 (NS SC), {{{4}}}, per Goodfellow J
NS SC
R v McDonald, 1992 CanLII 8257 (SK CA), per Tallis JA SK CA 3 years imprisonment The offender hit the victim in the face with a glass, knocking him unconscious. The offender was 21 years old with a lengthy record.
R v Burton, 1992 CanLII 2573 (NS CA), per Hallett JA NS CA 2.5 years imprisonment
R v Desmond, 1992 CanLII 2581 (NS CA), per Clarke CJ NS CA
R v Childs, 1991 ABCA 300 (CanLII), per curiam AB CA 7 years imprisonment
R v RDH, 1991 CanLII 2476 (NS CA), per Matthews JA NS CA
R v Julian, 1991 CanLII 2514 (NS CA), per Hallett JA NS CA 4 years imprisonment
R v Porter, 1990 CanLII 2519 (NS CA), per Clarke CJ NS CA
R v Dzikowski, 1990 CanLII 2539 (NS CA), per Matthews JA NS CA 20 months imprisonment
R v ELC, 1990 CanLII 4250 (NS CA), per Macdonald JA NS CA 3 years imprisonment
R v Giles, , [1989] NSJ 341(*no CanLII links) NS PC ".A.), the accused attacked a doorman/bouncer with a bottle causing permanent injury to the victim's eye. The accused was described as mild-man-nered with no history of violence and a good employment history. In imposing a sentence of four months incarceration and two years'probation the Court of Appeal stressed that crimes of violence required an emphasis on general and specific deterrence" [2]
R v Silvea, , [1988] N.S.J. No. 327; 86 N.S.R.(2d) 346(*no CanLII links) NS CA 9 years imprisonment The "victim was a pizza delivery man who was brutally assaulted by the accused with such severity that he was rendered unconscious and resulted in him being a spastic quadriplegic." [3]