Assault Causing Bodily Harm (Sentencing Cases)

This page was last substantively updated or reviewed January 2023. (Rev. # 89272)

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Case Name	Prv.	Crt.	Sentence	Summary
R v Power, 2022 NLSC 167 (CanLII), per I'Flaherty J	NL	SC	12 months imprisonment
R v TB, 2021 ABCA 17 (CanLII), per curiam	AB	CA	6 months
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.
R v Moore, 2018 NSSC 148 (CanLII), per Campbell J	NS	SC	1 year imprisonment
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.
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.
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."
R v Forsythe, 2016 BCPC 202 (CanLII), per Challenger J	BC	PC	18 months + Prob.	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.
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.
R v Balla, 2015 YKTC 15 (CanLII)	YK	SC
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."
R v Jwada Hedar-Kadhim, 2014 BCCA 356 (CanLII)	BC	CA
R v Getachew, 2013 ONSC 3219 (CanLII), per Campbell J	ON	SC	4.5 months imprisonment
R v Reesor, 2012 ABPC 163 (CanLII), per AJ Brown J	AB	PC	90 days imprisonment
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"
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
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.
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
R v Perry, 2011 ABPC 221 (CanLII)	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."
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."
R v Sykes, 2010 ABCA 24 (CanLII), per Rowbotham JA	AB	CA
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
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.
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.
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.