Violence Against Children (Sentencing Cases)

This page was last substantively updated or reviewed January 2023. (Rev. # 87392)

Case Name	Prv.	Crt.	Sentence	Summary
R v CDM, 2022 BCPC 144 (CanLII), per MacCarthy J	BC	PC	7 months CSO	Two incidents of assault.
R v JW, 2022 MBPC 49 (CanLII), per Frederickson J	MB	PC	22 months (ACBH)
R v HDH, 2021 ABPC 306 (CanLII), per Molle J	AB	PC	6 months CSO
R v BO, 2020 CanLII 103005 (NL PC), per Gorman J	NL	PC	absolute discharge
R v Espina, 2020 ONSC 6342 (CanLII), per Croll J	ON	SC	absolute discharge
R v RP, 2020 NLSC 9 (CanLII), per Furey J	NL	SC	2 months CSO	"the offender was convicted of three counts of assault... . Two of the assaults were against his ex-wife and the other was against his eight-year-old son (MP). Mr. Justice Furey described the latter assault in the following manner... M.P. was helping to pack up wood with other members of his family. He took a break and went in the house. R.P. came in after him, pulled down his pants, and smacked his bum. R.P. then pulled M.P. by the ear out into the driveway.
R v Martell/PCM, 2020 SKQB 118 (CanLII), per Martinez J	SK	PC	12 month suspended	appealed from 2019 SKPC 11
R v Rothery, 2018 ONSC 7338 (CanLII), per Mew J	ON	SC
R v RGB, 2017 ABCA 359 (CanLII), per curiam	AB	CA	2 years less a day imprisonment	The offender was intoxicated and hit a 1 year old child in his custody.
R v Rochon-frosk, 2017 MBPC 14 (CanLII), per Martin J	MB	PC	6 years imprisonment	The offender pleaded guilty to assault causing bodily harm and failure to provide necessities of life.
R v Berg, 2017 SKPC 11 (CanLII), per Kovatch J	SK	PC	CSO	" a younger offender with mental health problems was granted a three-month conditional sentence followed by probation for one year after being found guilty for assault causing bodily harm to his infant daughter by striking her with a video game controller unit, which resulted in severe bruising. The Court surveyed a number of similar cases where conditional sentences were imposed." [1]
R v TDT, 2017 ABPC 119 (CanLII), per Pharo J	AB	PC	12 month CSO	"the offender slapped his nine-year-old step-daughter's face with an open hand with sufficient force to chip or break her front tooth, the Court imposed a 12-month conditional sentence. The offender had no criminal record, had experienced childhood trauma, was involved in the community and had taken counselling in relation to the offence."
R v FP, , [2017 N.J. No. 22 (P.C.)]	NL	PC	3 months imprisonment	"the accused was convicted of a assaulting his spouse and their seven-year-old daughter. During an argument, the accused pushed his spouse several times until she fell to the floor. While she was on the floor, he got on top of her and pushed her head and shoulders against the floor several times. When their daughter threatened to call 911, he grabbed her and pushed her to the floor. I imposed a period of four months of incarceration. This included a period of three months of incarceration for the assault upon his daughter."
R v Morgan, 2016 CanLII 60965 (NL PC), per Joy J	NL	PC	2 months CSO	"the accused was a child care worker. She grabbed an 18-month-old child’s face, to keep her still while changing her diaper. This resulted in bruises to the child’s face, which the accused attempted to cover up with make up."[2]
R v Laberee, 2016 ABPC 116 (CanLII)	AB	PC	conditional discharge
R v BHM, 2016 ABQB 622 (CanLII), per Yamauchi J	AB	QB	suspended 12 months
R v JB, 2016 ONCJ 312 (CanLII)	ON	CJ	6 month CSO	"the offender pleaded guilty to assault causing bodily harm after fracturing his three-year-old son's arm. The Court was not concerned about specific deterrence in that case, but rather with general deterrence and denunciation."
R v Welyhorski, 2016 CanLII 46298 (NL SC), per Thompson J	NL	SC	16 monnths CSO
R v Morgan, , [2016 N.J. No. 313 (P.C.)]	NL	PC		"the accused pleaded guilty to assaulting an eighteen month old child she was caring for as a paid child care worker. The accused assaulted the child by holding the child's face while she was changing the child's diaper. The child, as a result, suffered bruises to her face. The accused had no prior convictions. Judge Joy imposed a period of two months of conditional imprisonment followed by probation for a period of one year."
R v Olatona, 2015 ABPC 222 (CanLII), per Van Harten J	AB	PC	absolute discharge
R v Bowden, 2015 NSPC 13 (CanLII), per Derrick J	NS	PC	8 months imprisonment, 2 years probation	"the offender pleaded guilty to assault causing bodily harm for life-threatening head injuries to his six-week old son, ... Denunciation and deterrence were the primary considerations taken into account by the Court, but rehabilitation was also addressed through the probation order."[3]
R v JI, , [2015 A.J. No. 942 (P.C.)]	AB	PC		"the offender was convicted of assaulting one of her foster children by “squeezing” the child's face “with her hand to facilitate opening the…child's mouth to make her eat and to get her to brush her teeth.” The child was two and one-half years of age and the assault caused bruising to the child’s face. Judge McDonald declined to endorse a joint submission seeking a discharge and instead suspended sentence and placed the offender on probation."
R v RSW, 2015 NLTD(G) 31, per Mennie J	NL	SC	4 months CSO	"convicted of assaulting his son and daughter. ... Mr. R.S.W. assaulted R.W.W. by slapping him in the arm and head on more than one occasion. I also accept that Mr. R.S.W. pushed R.W.W. onto the bed. I am satisfied as well that Mr. R.S.W. assaulted his daughter by slapping her in the arm and in the head on more than one occasion."
R v H, 2014 BCSC 600 (CanLII), per Baird J	BC	SC	2 years jail + 3 years probation	brain injury on 7-month old son.
R v DW, 2014 BCPC 36 (CanLII), per Woods J	BC	PC	conditional discharge
R v Tremblay, 2013 BCPC 38 (CanLII), per Chen J	BC	PC	15 days imprisonment	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 GD, 2013 BCSC 2463 (CanLII), per Tindale J	BC	SC	18 month CSO + probation	"[T]he accused was convicted of six counts of assault on his various children. There were numerous incidents."
R v DM, 2012 ONCJ 478 (CanLII), per Lalande J	ON	PC	12 months imprisonment
R v Gallant, 2012 CanLII 21016 (NL PC), per Gorman J	NL	PC	3 months imprisonment	hit and kick in face of 14 year old
R v C(YJ), 2012 ONCJ 25 (CanLII), per Harris J	ON	PC	Conditional Discharge	assault of 10 year old son; immigration implications of criminal record
R v CGO, 2012 BCCA 129 (CanLII), per Bennett JA	BC	CA	2 years less a day CSO	The offender pleaded guilty to aggravated assault and failure to provide necessities of life.
R v EH, , [2012 N.J. No. 277 (P.C.)], per Gorman J	NL	PC	4 months imprisonment	"the offender assaulted two of his children. He struck one of them in the stomach and struck and locked the other one in a room. "
R v SD, , [2012 N.J. No. 277 (P.C.)]	NL	PC		"the offender pleaded guilty to assaulting his two sons. I noted that “[o]ver a two year period, Mr. SD assaulted his two sons by shaking, kicking, pushing and holding them against walls”. I endorsed a joint submission requesting that sentence be suspended and a period of eighteen months of probation be imposed."
R v Prosper, , [2012 N.J. No. 321 (P.C.)]	NL	PC		"the accused pleaded guilty to assaulting her four-year-old daughter. On December 7, 2011, the police received a complaint from a day care centre in Corner Brook. An employee at the centre had noticed red marks on the back of Ms. Prosper's daughter. Ms. Prosper was subsequently interviewed and admitted to causing these marks. She indicated that she had struck her child out of frustration. I imposed a conditional discharge with probation for twelve months. I concluded that “[t]hough section 718.01 of the Criminal Code requires that I place my primary emphasis in sentencing on deterrence and denunciation, I am satisfied that this is an appropriate case for the imposition of a conditional discharge because this case also requires restraint; emphasis upon rehabilitation through counseling; and the encouraging of Ms. Prosper to continue to improve her circumstances for the benefit of herself and her child. I am satisfied that what occurred here was an isolated incident which does not form part of any ongoing abuse of the child. I am satisfied that it is in the best interests of Ms. Prosper for a discharge to be granted. I am also satisfied that when the entire circumstances of the offence and Ms. Prosper's personal circumstances are considered that it would not be contrary to the public interest to grant a discharge in this specific case” (at paragraph 31)."
R v Harris, 2011 ABCA 41 (CanLII), per McDonald JA	AB	CA	9 months imprisonment
R v Randell, 2011 CanLII 57525 (NL PC), per Gorman J	NL	PC	Suspended Sentence, 12 months	punch to child; struggle; dated prior record
R v JB, [2011] NJ No 164 (P.C.)(*no CanLII links)	NL		14 days imprisonment	The offender assaulted his wife and 6-year-old daughter while on conditions to have no contact. He "grabbing her upper arms, lifting her off of the floor and slamming her against a wall."
R v JTR, [2011] NJ No 339 (PC)(*no CanLII links)	NL	PC	Suspended Sentence	"The offender assaulted his thirteen-year-old son by punching him on the right side of the neck near his collarbone with a closed hand and caused him to fall down a set of stairs."
R v Hardwood-Jones, 2010 MBQB 8 (CanLII), per Martin J	MB	SC	18 months imprisonment	The offender was convicted of aggravated assault against a 4 month old child.
R v LEZ, 2010 ABPC 397 (CanLII), per Stevens-Guille J	AB	PC	3 days PTC	"Stevens-Guille PCJ convicted the accused persons of assault when the father held the legs of his fourteen-year old daughter over her head to expose her buttocks, while the mother strapped the daughter with a belt at least 3 times. The parents showed no remorse. His Honour found that the use of the belt was an aggravating factor. He sentenced the accused persons to time spent in jail (3 days)."[4]
R v Osmond, [2010 N.J. No. 125]	NL	PC	15 months CSO	"In November of 2008, Mr. Osmond brought his son to his grandparents' residence for a visit. When they were getting ready to leave, B was slow in responding to the request to get ready to leave, as he had become interested in a movie he was watching. In response to this delay, Mr. Osmond walked over to B and slapped him across the face, causing B to cry. ...[on a different date] B had the flu. This caused him difficulty in swallowing. While he was trying to eat some food, he had trouble swallowing it. In response to this difficulty, Mr. Osmond placed one of his hands across B's mouth while placing the other one under his chin. Mr. Osmond forced B's chin upward causing his mouth to close. He then told B that if he did not swallow the food in his mouth he would force it down his throat. B's grandmother, who was present, told Mr. Osmond to stop. Mr. Osmond did so."
R v Samms, 2010 CanLII 31277 (NL PC), [2010] NJ No 202 (P.C.), per Gorman J	NL	PC	6 mo CSO
R v Sharpe, 2010 ABQB 576 (CanLII), per Burrows J	AB	SC	2 years less a day CSO	The offender was convicted of aggravated assault.
R v Eggett, 2010 ONCJ 513 (CanLII), per Green J	ON	PC	30 days CSO + probation 18 months	"the accused person pled guilty to the offence of assault with a weapon. The accused person struck her 7-year old child with a belt 5 times, that left a welt on the child’s leg. She had no prior convictions. This was the result of the child setting fires in their house." [5]
R v Stacey, 2009 CanLII 51222 (NL PC), [2009] NJ No 257 (P.C.), per Porter J	NL	PC	6 months imprisonment	"The accused and Gary Edwards and the complainant's mother, Ms. M., were drinking in the complainant's home when the complainant asked his mother for money to go to the shop. An argument ensued between the boy and his mother. The accused intervened, and the boy told the accused to mind his own business. Then the accused assaulted the boy. The assault included the use of a choke hold on the complainant, causing the boy's face to turn blue. Gary Edwards intervened, and physically took the accused off of the complainant, following which the boy ran, crying, out of the apartment. He called the police from a hiding place in the woods."
R v Lawrence, 2009 CarswellOnt 5076, [2009 OJ No 3572 (Sup Ct Just)], {{{4}}}	ON	SC		"the accused person struck his thirteen-year old daughter with a belt. He pled guilty to assault with a weapon. The accused person’s employer sang his praises, he had no criminal record, and he had a good pre-sentence report. The family, including the victim, supported him. The trial judge would not grant a conditional discharge because the accused person used a belt. He was given a suspended sentence and was placed on probation for 9 months. Hill J dismissed the appeal, as he found “[t]he objectives of deterrence and denunciation would not be adequately served by the imposition of a discharge.”"
R v DGF, 2007 ABPC 285 (CanLII), {{{4}}}, per Barley J	AB	PC	90 day CSO	"[T]he accused assaulted his 11 year old son. ... He grabbed the son by the hair and dragged him to an adjacent room. He hit him numerous times with a leather belt, and while the son was on the ground, kicked him. He also pushed his face into a snow bank. "
R v DED, 2007 ABQB 508 (CanLII), {{{4}}}, per Rooke J	AB	SC	conditional discharge
R v McCauley, 2007 CanLII 13937 (ON SC), per Hill J	ON	SC	12 months imprisonment	The offender was convicted of aggravated assault against her infant child.
R v MJS, 2006 ABCA 176 (CanLII), per Fruman JA	AB	CA	18 months imprisonment	A "32 year old offender assaulted his three month old son causing him bodily harm by breaking his ribs on twelve occasions and breaking his legs over a period of three months. The offender accepted responsibility for his actions and expressed remorse. The offender’s actions were unintentional and due to a lack of parenting skills and ignorance about appropriate treatment of a child of that age. The offender came before the court having suffered trauma in his childhood due to sexual victimization. He had anger management difficulties. He was assessed as a low to moderate risk to reoffend. The Alberta Court of Appeal reduced the sentence of two years less a day to eighteen months given the sentencing judge’s error as to the characterization of the motivation behind that assault. The Alberta Court of Appeal noted that while the offender’s conduct was repeated over the span of two months there was no element of punitive violence or inappropriate discipline and no actual intention or foresight by the accused as to the possible consequences of his actions. In this case, the Court of Appeal endorsed the sentencing judge’s use of the Evans approach. Its endorsement was overturned in Nickel."
R v DPJ, 2004 BCSC 1774 (CanLII), per Truscott J	BC	SC	3 months CSO + probation	The "accused assaulted his six year old daughter on three separate occasions by striking her with a plastic coat hanger."
R v DP, [2004] NJ No 38 (P.C.)(*no CanLII links)	NL	PC	Suspended Sentence
R v WL, [2004] NJ No 44 (P.C.)(*no CanLII links)	NL	PC	60 days imprisonment	"the accused, after an argument with his spouse, threw his step-son down a set of stairs and caused considerable damage to the residence. Judge Porter imposed a period of sixty days incarceration for the assault offence." [6]
R v Bourgeois, 2001 ABPC 155 (CanLII), per Stevenson J	AB	PC	4 years imprisonment	The offender pleaded guilty to aggravated assault.
R v AM, 2000 BCSC 803 (CanLII), per Hood J	BC	SC		"A 25 year old male accused “inflicted numerous blows to a four-year-old child’s face and neck area.”"
R v O'Brien, 2000 BCCA 199 (CanLII), per Ryan JA	BC	CA		"The 22 year old male accused with no record pleaded guilty to one count of assault causing bodily harm. Though he admitted the elements of the offence, it took a contested sentence hearing to determine the facts. The accused contended that he intentionally dropped the 11 month old child he was babysitting. However, the learned sentencing judge who heard the evidence, found that the accused “had thrown, pushed or swung the child’s head into a wall or other object with great force.” At the time of sentencing, although the child “appeared to be bright and happy, the medical prognosis given by his doctors was guarded.”" [7]
R v Burke, 1996 CanLII 11083 (NL CA), [1996] NJ No 179 (CA), per Gushue CJ	NS	CA	discharge	assaulted child at orphanage, appeal from 1 month sentence.
R v Evans, 1996 CanLII 19983 (AB CJ), 182 A.R. 21, per Gilbert J	AB	PC	6 months imprisonment	"The 25 year old male accused was caring for his two month old daughter. He became angry when the child had trouble feeding. He shook her severely, and dropped her into her crib. As a result of the shaking, the child suffered a subdural haematoma. At the time of sentencing, the child’s prognosis was uncertain in that the doctors could not predict how the injury would affect her in later life. The child also suffered a fractured right arm." [8]
R v WF, 1994 CanLII 6457 (NB CA), , per curiam	NB	CA	time served	Accused put handcuffs on a teenager who was then sexually assaulted by a co-accused.
R v Serack, 1994 CanLII 18379 (AB CJ), 25 WCB (2d) 286, per Daniel J	AB	PC	60 days + probation	"the accused assaulted his 4-year-old son. He had relatives at his house for a social evening, and sent his children to bed around 9:30 a.m. His eldest son, however, did not listen to him. The father told him to return to bed the first time, spanked him two or three times outside his pyjamas the second time, spanked him three to five times on his bare buttocks the third time, and on the fourth occasion, he struck his son "hard" twice with his belt with sufficient force to leave welt marks that "were still very red and visible" two or three days later (para. 1 and 2). ...The accused, prior to this incident, had sole custody of his two sons for two years. He lost custody of them as a result of the crime, but hoped to regain custody. He had a criminal record that included a recent assault conviction. He was raised in a physically abusive home, and, during his own marriage, he and his wife abused alcohol and they were both physically abusive to one another. The children were, however, never the victims of that violence, except perhaps as witnesses." [9]
R v EGP, 1994 ABCA 76 (CanLII), 149 AR 238, per Shannon JA	AB	CA	18 months imprisonment	assault causing bodily harm
R v M(AR), NSCA 102 (CanLII) 119 N.S.R. (2d) 444, {{{4}}}	NS	CA	8 months imprisonment	"“The injuries suffered by the infant at the hands of the respondents included multiple fractures of the femur, fractures of the fourth and ninth ribs, and bruises on the buttocks and over the eye. At the time of the medical examination which led to these charges, the broken leg appeared to be a recent injury while the fractured ribs were thought to be approximately three weeks old which indicates that the infant was subjected to at least two incidents of severe trauma.”
R v Eskritt, 1985 ABCA 188 (CanLII), 63 AR 230 (Alta. C.A.), per Kerans J	AB	CA	18 months imprisonment	"The accused was on probation for violently shaking a child. Two years later, he committed the same offence with a second child (this time, his 3 month old daughter). The shaking last only a few seconds, and, like the first offence, resulted from a fit of temper. The child might have died, and did suffer convulsions. At the time of sentencing, it was not clear if the child had suffered brain damage. " [10]