Aggravated Assault (Sentencing Cases)

This page was last substantively updated or reviewed November 2023. (Rev. # 88803)

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Generally (Post 2000)

Case Name	Prv.	Crt.	Sentence	Summary
R v Thibault, 2023 NSPC 22 (CanLII), per van der Hoeck J	NS	PC	14 months imprisonment (aggr.) 6 months imprisonment (assault) 30 days (breach)
R v Lambert, 2023 NSSC 264 (CanLII)	NS	SC	4 years imprisonment
R v Forbes, 2023 ONSC 6089 (CanLII), per Andre J	ON	SC	9 month CSO
R v LeRoy, 2023 NSSC 37 (CanLII), per Murray J	NS	SC	10 years imprisonment (B&E) 5 years imprisonment (aggr.) 3 years imprisonment (poss'n weapon)
R v Wernicke, 2023 BCPC 227 (CanLII), per Brown J	BC	PC	3 years, 3 months
R v Kingswood, 2023 BCSC 1814 (CanLII), per Ross J	BC	SC	5 years imprisonment
R v Kawerninski, 2023 BCSC 377 (CanLII), per Baird J	BC	SC	2 years less a day CSO
R v Croswell, 2023 SKKB 20 (CanLII), per Gerecke J	SK	SC	5.5 years imprisonment
R v Pelletier, 2023 SKPC 1 (CanLII), per Lang J	SK	PC	2 years imprisonment
R v Nicholls, 2022 ONCJ 433 (CanLII), per Wheeler J	ON	PC	suspended	"Nicholls pled guilty. Nicholls had a confrontation with the victim and then stabbed him twice in the abdomen. The victim was taken to the hospital and needed surgery to repair a lung and spleen." [1]
R v Mitton, 2022 NSSC 123 (CanLII), per Campbell J	NS	SC	6 years imprisonment
R v Hardiman, 2022 NSSC 198 (CanLII), per Campbell J	NS	SC	6 years imprisonment
R v Crawley, 2022 NSSC 199 (CanLII), per Campbell J	NS	SC	5 years imprisonment
R v Cox, 2022 NSSC 200 (CanLII), per Campbell J	NS	SC	4.5 years imprisonment
R v Coaker, 2022 NSSC 201 (CanLII), per Campbell J	NS	SC	4 years imprisonment
R v Fraser, 2022 NSSC 215 (CanLII), per Campbell J	NS	SC	4 years imprisonment
R v Clarke-McNeil, 2022 NSSC 63 (CanLII), per Campbell J	NS	SC	6 years imprisonment
R v McCabe, 2022 ONCJ 217 (CanLII), per McLeod J	ON	PC	20 months imprisonment	"McCabe had a criminal record for assault but had never been incarcerated. Within a domestic context, the victim sustained severe facial injuries which required two surgeries. The injuries consisted of factures to the nasal bone, vomer, orbital and significant subconjunctival hematoma which resulted in lasting injuries." [2]
R v Williams, 2022 BCPC 31 (CanLII), per Doulis J	BC	PC	2 years less a day
R v Hassani, 2022 BCPC 291 (CanLII), per Harris J	BC	PC	2 years imprisonment
R v Adamec, 2021 BCSC 1832 (CanLII), per Forth J	BC	SC	5 years, 4 months	"the offender was convicted of aggravated assault after trial ... The offender, without warning, stabbed the victim in the chest in a residence. The knife penetrated 5.7 centimetres, slitting the brachiocephalic vein. The victim collapsed and struck his head. He suffered an inter-cranial bleed and a craniotomy was required. The offender was 26 years old, had substance misuse, and a record for violence. The aggravating factors mirrored this case in that there was use of a weapon, the victim was unarmed and unsuspecting, and the injuries were life threatening." [3]
R v Kehoe, 2021 BCSC 2474 (CanLII), per Ross J	BC	SC
R v Chambers, 2021 BCSC 1083 (CanLII), per MacNaughton J	BC	SC	1 years imprisonment (aggrav.)
R v Peeace, 2021 BCPC 256 (CanLII), per Harris J	BC	PC
R v Robinson, 2021 NSPC 20 (CanLII), per Buckle J	NS	PC	4 years imprisonment (Agg Assault)	the decision was "dealing with a conviction for aggravated assault, possession of a weapon for a dangerous purpose and a breach. Her Honour reviewed the wide range of sentences available for the offence of aggravated assault. The accused was sentenced to four years in prison with concurrent time for both the remaining charges. Mr. Robinson was originally charged with attempted murder from a stabbing. The most aggravating feature in that case was Mr. Robinson's related criminal record." [4]
R v Shand, 2021 NSSC 263 (CanLII), per Boudreau J	NS	SC	suspended	"the [Judge] handed down a suspended sentence for stabbing in Dartmouth, Nova Scotia. The victim and Mr. Shand were attempting to buy drugs and an argument ensued. The victim tried to flee, slipped on ice, and fell to the ground. As the victim lay vulnerable Mr. Shand took out a knife and stabbed the victim twice in the back which resulted in serious and traumatic injuries to the spinal cord. Like the facts at bar the victim of this stabbing was considered a vulnerable person. The court noted, in paragraph nine (9), that it appeared that the victim life was permanently changed for the worst." [5]
R v Barron, 2021 NSSC 216 (CanLII), per Scaravelli J	NS	SC	suspended
R v Dimock, 2021 NSSC 232 (CanLII), per Bodurtha J	NS	SC	4 years imprisonment
R v Nguyen, 2021 ONCJ 512 (CanLII), per Silverstein J	ON	PC	16 month CSO	"Nguyen pled guilty to aggravated assault. Nguyen blitzed the victim with numerous punches to the head and upper body. These assaults continued when the victim was on the ground. The injuries were very serious: a broken jaw in two places, a concussion, a bloody face with bruising, and eight (8) screws and two metal plates had to be attached to his jaw. The victim said this assault changed his life forever." [6]
R v McIntosh, 2020 BCSC 269 (CanLII), per Blok J	BC	SC	3 years imprisonment (aggrav.) 6 months imprisonment (weapon)
R v Sesay, 2020 BCCA 41 (CanLII), per Fitch JA	BC	CA	6.5 years imprisonment
R v Wentzell, 2020 NSPC 20 (CanLII), per Benton J	NS	PC	suspended
R v Allary, 2020 SKQB 66 (CanLII), per Layh J	SK	SC	4 years imprisonment
R v Pearson, 2020 ABPC 260 (CanLII), per Brown J	SK	PC	90 days
R v Allen, 2019 ONSC 971 (CanLII), per Tzimas J	ON	SC	discharge
R v Travers, 2019 NSCA 83 (CanLII), per Beaton J	NS	CA	6.5 years imprisonment
R v Randhawa, 2018 BCSC 545 (CanLII), per Skolrood J	BC	SC	18 months imprisonment (aggrav.) 6 months imprisonment (weapon)
R v Mcnab, 2018 SKQB 64 (CanLII), per McMurtry J	SK	SC	4 years imprisonment
R v Reddick, 2017 NSSC 189 (CanLII), per Coughlan J	NS	SC	4 years imprisonment	"The accused struck the victim with a metal cane causing multiple lacerations to his face and head. At the time of sentencing, the victim had continued complaints of vision and pain issues. The accused was a 59 year old offender with a lengthy criminal record, including for crimes of violence. He was described by the Court, in fact, as having been “involved in criminal activity his whole life”. The accused also had long standing addiction issues, involving alcohol, painkillers, and an addiction to crack cocaine."
R v Larade, 2017 NSSC 135 (CanLII), per Wright J	NS	SC	2 years imprisonment with 2y probation	"Mr. Larade was one of five inmates involved in an attack. They surrounded the victim, Curtis Lynds, in an open range, and attacked him, with all five of them delivering punches and kicks. That continued after the victim went to the floor. Mr. Lynds was knocked unconscious. His skull was fractured, and he had a severe cut to his head that required 40 stitches to close. He was discovered about a half hour later by a corrections officer."
R v Ellison, 2017 NSSC 202 (CanLII), per Wright J	NS	SC	4 years imprisonment	"The accused struck the victim in the head multiple times with a golf club causing multiple fractures and internal bleeding of the brain. The facts show an altercation between the victim and the accused which commenced over a trivial matter, but culminated in the accused aggressively chasing the victim down the street with the golf club and viciously beating him with it multiple times. The victim had lasting effects, including permanent disfigurement, pain, memory loss, as well as financial losses. The accused was 24 years old at the time of offence and was working as a maintenance person. He had a criminal record with two prior convictions for offences of violence. He was sentenced to four years imprisonment."
R v MacLean, 2017 NSPC 34 (CanLII), per Atwood J	NS	PC	6 months imprisonment
R v Whebby, 2017 NSPC 83 (CanLII), per Hoskins J	NS	SC	5 years imprisonment
R v Shahcheraghi, 2017 ONSC 574 (CanLII), per Morgan J	ON	SC	Suspended Sentence	The offender was convicted by a jury of aggravated assault. He was employed as a bouncer and beat up a drunken patron.
R v Marsh, 2017 CanLII 84460 (NLSCTD), per Goodridge CJ	NL	SC	12 years imprisonment (global) 5 years imprisonment (agg. assault 1) 7 years (agg. assault 2) 7 years (discharge firearm) 1 year (poss'n dangerous weapon x 2) 1 year (poss'n prohibited weapon) 1 month (poss'n weapon w/out licence) 6 months (breach conditions)	The offender engaged in an armed home invasion to collect a debt. After being chanced out of the residence he shot the home owner with a shotgun. Three days later he was stalking outside the second victim's home and shot him through the door with a 22 caliber gun that had a laser sight.
R v Deering, 2016 ABCA 418 (CanLII), per curiam	AB	CA	21 months imprisonment
R v House, 2016 ABCA 414 (CanLII), per Martin JA	AB	CA	3.5 years imprisonment	The offender pleaded guilty to two counts of aggravated assault and one count of assault with a weapon. After being assaulted by one of his children, the offender struck his wife, son and niece with a pipe. The son and wife were left with serious injuries. He was 35 years old at the time with a lengthy criminal record. He appealed a jointly recommended sentence of 7 years.
R v Hamlyn, 2016 ABCA 127 (CanLII), per curiam	AB	CA	21 months imprisonment
R v Deering, 2016 ABPC 125 (CanLII), per Barley J	AB	PC	21 months imprisonment
R v AHH, 2016 NSSC 239 (CanLII), per Chipman J	NS	SC	2.5 years imprisonment
R v Walia, 2016 ONSC 7495 (CanLII), per Donohue J	ON	SC	12 months imprisonment	The offender was found guilty at trial for assaulting her sister-in-law causing cuts to her face requiring plastic surgery. The judge also ordered 1 year probation and a DNA Order.
R v Broderick, 2016 ONCJ 23 (CanLII), per Konyer J	ON	PC	12 months imprisonment
R v Bailey, 2016 ONCJ 662 (CanLII), per West J	ON	PC	21 months imprisonment (agg ass) 60 day (mischief) 90 days (breach)	The offender was found guilty of aggravated assault and mischief under $5,000 and breach of probation. He got into a fight with a friend that included a stabbing of the victim. He had a lengthy criminal record of violence.
R v Nguyen, 2016 BCCA 408 (CanLII), per Frankel JA	BC	CA	2 years less a day	"[T]he offender attacked the victim in a nightclub after the victim acted inappropriately with his girlfriend. The offender struck the victim on the head from behind, knocking him to the floor. Many more punches to the head and kicks to the body were delivered. The victim sustained a concussion, a fractured sinus, broken orbital bone and fractured vertebra. Lacerations to the head required 60 stitches. The offender was remorseful, had no record, and was unlikely to reoffend. Aggravating factors similar to the present case included an attack from behind without warning, the great force used, continued strikes after the offender was motionless, and the serious injuries. A jail sentence of two years less one day was upheld."
R v Fisher and Milne, 2016 BCPC 39 (CanLII), per Harris J	BC	PC	19 months imprisonment
R v Finlay, 2016 BCCA 299 (CanLII), per Goepel JA	BC	CA	3 years imprisonment
R v Grant, 2016 BCSC 2588 (CanLII), per Gaul J	BC	SC	4 years imprisonment	"Four years' imprisonment for one count of aggravated assault (a stabbing), that occurred during the course of a robbery. The victim was known to the offender. He suffered multiple trunk and extremity stab wounds. Concurrent sentences were imposed for companion offences. The offender was 38 years old with a grade 10 education. His biological parents suffered from substance abuse issues; he experienced behavioural problems as a youth; was intermittently employed as an adult; and, as a result of a head injury, he was designated a Person with Disability. Mr. Grant struggled with drug addiction, including heroin, cocaine and crystal methamphetamine. He was the father of two teenage boys, but had limited contact with them. He had a criminal record, including three prior convictions for assault. Protection of the public, deterrence and denunciation were the paramount principles at sentencing." [https://canlii.ca/t/h4k70#par70
R v SAT, 2016 BCPC 355 (CanLII), per Challenger J	BC	PC	39 months imprisonment	The offender pleaded guilty to aggravated assault, assault peace officer, and breach of probation. He was on probation for aggravated assault when the assaultive offence happened. At other dates he failed to report to his bail supervisor and to stay within boundaries. The offender was intoxicated one evening and punched and kicked a stranger who was standing outside of his residence. A knife was found on the offender at the time of arrest.
R v Bowden, 2015 NSPC 13 (CanLII)	NS	PC	8 months imprisonment and 2 years probation	"40-year-old accused had a dated and unrelated prior record. He entered a guilty plea to a single count of assault causing bodily harm (s.267(b)). In frustration, he slapped his six-week-old son across both sides of his face. This resulted in serious injuries which included permanent brain damage and visual impairment. The Crown sought an 18-month jail sentence. The defence sought a conditional sentence or in the alternative a jail sentence between 3 to 6 months."
R v Clifford, 2015 CanLII 94474 (NS PC), per Atwood J	NS	PC	4 years imprisonment
R v Cook, 2015 BCSC 1279 (CanLII), per Fitzpatrick J	BC	SC	4 years imprisonment
R v FB, 2015 BCPC 290 (CanLII), per Challenger J	BC	PC
R v Wesslen, 2015 ABCA 74 (CanLII), per curiam	AB	CA
R v George, 2014 BCSC 1944 (CanLII), per Affleck J	BC	SC	4 years imprisonment	"Mr. George attacked a drug dealer with a meat cleaver, striking the victim seven times on his head. The offender had a record for violence, substance misuse, and was 35 years old. This case is similar to the present case in that the attack was unprovoked, from behind, and involved a weapon. The victim suffered long lasting effects from his injuries. However, the offender there had a more serious criminal record than that of Mr. Wernicke." [7]
R v Scott, 2014 SKQB 307 (CanLII), per Maher J	SK	SC
R v Fensom, 2014 ABQB 238 (CanLII), per Topolniski J	AB	SC	3 years imprisonment	beating of victim, causing broken bones in face, wired jaw shut.
R v Laliberte, 2013 SKQB 25 (CanLII), per Mills J	SK	SC	18 months imprisonment	offender facilitated the escape of the perpetrators of a beating
R v Hilowle, 2013 SKQB 312 (CanLII), per Whitmore J	SK	SC	2.5 years imprisonment
R v Blind, 2013 SKPC 168 (CanLII), per Kalmakoff J	SK	PC
R v Willis, 2013 NSCA 78 (CanLII), per Beveridge JA	NS	CA	3 years imprisonment	The offender plead guilty to a severe beating of the victim. "The victim and the accused were consuming crack cocaine together and the accused demanded more money from the victim. They went to an ATM where the victim was unable to get the money and the accused struck the victim in the head repeatedly, causing a main artery in his head to sever. This caused extensive blood loss which would have been fatal without medical intervention, but had no lasting impact. The accused was 25 years old with a criminal record, including a few violent offences. He expressed remorse and was seeking educational options. The Court of Appeal determined that a three year sentence was appropriate." Injuries were life-threatening. He had two prior convictions for violence-related offences.
R v Gugaruban, 2013 ONSC 3243 (CanLII), per Goldstein J	ON	SC	90 days imprisonment (Agg.) 30 days (Uttering Threats)
R v Smart and Camilleri, 2013 ONSC 600 (CanLII), per Molloy J	ON	SC	90 days imprisonment	beating at a dance club, broke victim's jaw
R v Brethour, 2013 ONSC 1167 (CanLII), per Beaudoin J	ON	SC	3 years imprisonment
R v Lagimodiere, 2013 BCCA 174 (CanLII), per Newbury JA	BC	CA	4 years imprisonment	"The 57-year-old Aboriginal offender knew the victim. He applied force while the latter was severely intoxicated, causing a fractured dislocation of his spinal column. The victim was rendered paraplegic and is unable to use his legs. The offender's mother was an alcoholic, resulting in him spending time in foster care during his childhood. He also fell into a pattern of alcohol abuse that plagued him throughout his life. He is of Métis descent, although not connected to the community in any substantial way. The offender sustained two significant head injuries, leaving him with cognitive deficits and deficits in his executive functioning. He had a significant criminal record, with 39 prior convictions. This included prior convictions for assault. A Gladue Report was prepared. The trial judge imposed a five-year sentence. It was reduced on appeal to four years. The Court of Appeal found that the offender's "very difficult upbringing" included "many of the characteristics of aboriginal experience in Canada": at para. 18." [8]
R v Nicholls, 2013 BCSC 1145 (CanLII), per Savage J	BC	SC	Suspended Sentence	"involved an Aboriginal offender who was found guilty of aggravated assault and assault with a weapon. The accused and complainant had been smoking marijuana together when the complainant teased the victim, which resulted in the accused attacking the victim with a three-inch knife. "
R v Greenough, , 2013 BCJ No 1822 (BC PC)(*no CanLII links)	BC	PC	Suspended Sentence	"The accused threw a beer bottle in the victim’s face causing serious facial injuries with permanent scarring. The accused was 21 years old and had no priors." see also [9]
R v Eustache, 2013 BCPC 248 (CanLII), per Dickey J	BC	PC	20 months imprisonment
R v Moller, 2012 ABCA 381 (CanLII), per curiam	AB	CA	4 years imprisonment	beat victim with beer bottle.
R v Elson, 2012 ABPC 88 (CanLII), per Van de Veen J	AB	PC	30 months imprisonment	offender beat victim to unconsciousness
R v Hurtado, 2012 BCCA 47 (CanLII), per Low JA	BC	CA	2 years imprisonment, 2 years probation
R v Barnsdale, 2012 MBCA 56 (CanLII), per Beard JA	MB	CA	2 years imprisonment	beat good friend in head with a shovel multiple times, caused crippling brain damage
R v Knott, 2012 MBQB 105 (CanLII), per McCawley J	MB	SC	Suspended Sentence	was party to a beating
R v Johnson, 2012 CanLII 42709 (NL PC), per Hyslop J	NL	PC	23 months imprisonment	serious beating, broken limbs
R v Best, 2012 NSCA 34 (CanLII), per MacDonald CJ	NS	CA	3 years imprisonment	aggravated assault and break and enter
R v Neshinapaise, 2012 ONCJ 82 (CanLII), per DiGiuseppe J	ON	PC	2.5 years imprisonment	Caused severe brain damage
R v Saraj, 2012 ONSC 4339 (CanLII), per R Smith J	ON	SC	3 years imprisonment	beat a taxi driver with a pipe and fists
R v Merceica, 2011 BCPC 379 (CanLII), per St Pierre J	BC	PC	3 years imprisonment	aggravated assault; throw hot liquid at someone in correctional facility.
R v Tourville, 2011 ONSC 1677 (CanLII), per Code J	ON	SC
R v Michael Larmond, 2011 ONSC 7170 (CanLII), per Belobaba J	ON	SC	7 years imprisonment	accused shoots victim while collecting a drug debt.
R v Cox, 2010 NLTD 127 (CanLII), per Handrigan J	NL	CA	12 months imprisonment	hit broke ribs, punctured one lung
R v Kim, 2010 BCCA 590 (CanLII), per Finch JA	BC	CA	13 years imprisonment
R v Ali, 2010 MBCA 14 (CanLII), per Monnin JA	MB	CA	9 months	aggravated assault; broken jaw
R v MacDonald, 2010 NSSC 281 (CanLII), per Coughlan J	NS	SC	12 months imprisonment	permanent minor nerve damage
R v Cador, 2010 ABCA 379 (CanLII), per Slatter JA	AB	CA
R v CRD, 2010 ABCA 128 (CanLII), per Rowbotham JA	AB	CA	90 days inter.	breaking son's leg
R v Sayazie, 2010 SKCA 14 (CanLII), per Ottenbreit JA	SK	CA	3 years imprisonment	spousal beating, caused permanent muscle damage; no record
R v Friesen, 2010 SKPC 96 (CanLII), per Klause J	SK	PC	18 months imprisonment and 6 months imprisonment
R v Lambert, 2010 NBQB 101 (CanLII), per Ferguson J	NB	SC	4.5 years imprisonment
R v Peters, 2010 ONCA 30 (CanLII), 250 CCC (3d) 277	ON	CA	Suspended Sentence}	"the accused, an Aboriginal offender, pled guilty to aggravated assault after a preliminary hearing. The accused had hit the complainant over the head with a beer bottle following an argument at a bar. On sentencing, Nordheimer J. considered a number of relevant factors, including Peters’ personal circumstances as an Aboriginal offender, and imposed a suspended sentence plus three years’ probation. The Court of Appeal upheld this decision."
R v DeSilva, [2010] OJ No 4862 (SCJ)(*no CanLII links)	ON	SC	2 years less a day imprisonment	beating victim with a cane causing broken bones; victim was accused of sexually assaulting offender's daughter
R v McCowan, 2010 MBCA 45 (CanLII), per Steel JA	MB	CA	5.5 years imprisonment	punches to face causing permanent disability
R v Ward, 2009 BCCA 556 (CanLII), per Ryan JA	BC	CA	7 years imprisonment	serious permanent damage to brain and body
R v Fraser, 2009 BCSC 1789 (CanLII), per Brooke J	BC	SC	15 months imprisonment (x3)
R v Desjarlais, 2009 MBPC 45 (CanLII), per Lismer J	MB	PC	2 years imprisonment	MB
R v Gaudet, 2009 NSPC 54 (CanLII), per Tax J	NS	PC	9 months with probation
R v Ruddick, 2009 NSCA 126 (CanLII), per Bateman JA	NS	CA
R v Jamieson, 2009 ABCA 208 (CanLII), per Rowbotham JA	AB	CA	18 months imprisonment	“vigilante attack on an innocent, unarmed victim” where “the level of violence was gratuitous”
R v Boachie, 2008 ONCA 342 (CanLII), per curiam	ON	CA	23 months imprisonment (268) and 1 year (firearm)after 61 mo remand	19 year threatened 12 year old boy with handgun to head; extensive youth record
R v Menard, 2008 BCCA 522 (CanLII), per Finch CJ	BC	CA	8 months imprisonment	strike to head with wooden and metal objects
R v Haj-Ahmed, 2007 BCCA 143 (CanLII), per Hall JA	BC	CA	5 years imprisonment	accused poured boiling oil on victim
R v Sooch, 2007 ABPC 260 (CanLII), per Bascom J	AB	PC	4 years imprisonment	23 year old; strangulation of girlfriend
R v Payne, 2007 BCCA 541 (CanLII), per Smith JA	BC	CA	8 years imprisonment	extortion; struck with axe on head and hand
R v Sultan, 2007 BCSC 849 (CanLII), per Wong J	BC	SC	1 years imprisonment, 2 years probation
R v Sparks, 2007 NSPC 5 (CanLII), per Williams J	NS	PC
R v Marsman, 2007 NSCA 65 (CanLII), per MacDonald JA	NS	CA	2 years less a day CSO
R v Brisebois, 2007 QCCQ 10537 (CanLII), per Belisle J	QC	PC
R v JA, 2006 BCPC 625 (CanLII), per Bagnall J	BC	PC	2 years less a day CSO
R v Tschritter, 2006 BCCA 202 (CanLII), per Huddart JA	BC	CA	8 years imprisonment
R v Ruksys, 2006 ABCA 270 (CanLII), per Martin JA	AB	CA	15 months imprisonment	struck in the head, neck and arm until unconscious. Life-threatening injuries.
R v Morash, 2006 SKCA 59 (CanLII), per Cameron JA	SK	CA	9 years imprisonment	aggravated assault, assault with a weapon, break in enter. He rendered victim unconscious and them brutally stomped head. Permanent brain damage.
R v Perrault, 2006 BCCA 215 (CanLII), per Low JA	BC	CA	3 years imprisonment	"Three years imposed for one count of aggravated assault (a stabbing). The offender went to the victim's home to collect a drug debt. When the victim stepped toward him, the offender drew a knife and slashed the victim at stomach level from the back to the front of his body along his left side. The wound was nine inches long and deep enough to expose internal organs. Without prompt medical attention, the victim would have died. The offender was 29 at the time of the offence. He grew up in circumstances of neglect, physical and substance abuse. He began to use alcohol and drugs while a youth and became a member of a youth gang. He had a grade 9 education and a daughter from a prior relationship. He had an extensive criminal record, particularly as a youth, with a prior conviction for aggravated assault. As an adult, he had prior convictions for robbery, assault and weapons offences. He frequently indulged in criminal activity to service his drug addiction. He was non-compliant while on probation. Although he did not assert self-defence at trial, he characterized the victim as the initial aggressor to the person who prepared a pre-sentence report. The offender made good rehabilitative progress post-arrest for the offence. Without this progress, a four year sentence would have been imposed." [10]
R v Whitman, 2006 BCSC 865 (CanLII), per Romilly J	BC	SC	3 years imprisonment	"[T]he offender received a three-year jail sentence for stabbing a victim in the neck. The victim had earlier called the offender a “goof,” a particularly insulting term in the downtown eastside. The injuries were life threatening. Mr. Whitman had a criminal record that included aggravated assault and assault causing bodily harm." [11]
R v Craig, 2005 BCCA 484 (CanLII), per Kirkpatrick JA	BC	CA	2 years less a day imprisonment	"[T]he offender attacked his separated spouse with a fishing knife, stabbing her at least three times in the lower abdomen and inflicting cuts to her hands. Like the present case, the attack was unprovoked and the victim was unsuspecting. The injuries were severe, and the woman had impaired function in her hands. The appellate court increased the sentence from one year to three years jail." [12]
R v Sidhu, 2005 BCCA 178 (CanLII), per Southin JA	BC	CA	3 years imprisonment	punch and stomp to head after unconscious
R v Keshane, 2005 SKCA 18 (CanLII), per Cameron JA	SK	CA
R v Bazinet, 2005 ABCA 388 (CanLII), per Russell JA	AB	CA	18 months imprisonment
R v Mathieu, 2005 ABCA 93 (CanLII), per Hunt JA	AB	CA	2 years imprisonment
R v Vickerson, 2005 CanLII 23678 (ON CA), per Weiler JA	ON	CA	6 years imprisonment
R v Moozhayil, 2004 BCSC 976 (CanLII), per McEwan J	BC	SC	2 years less a day
R v Irwin, 2004 BCCA 433 (CanLII), per Lowry JA	BC	CA	1 year imprisonment	kick him and stomp victim into unconsciousness
R v Armstrong, 2003 BCSC 1057 (CanLII), [2003] BCJ No 1667 (S.C.), per Davies J	BC	SC	8 years imprisonment	assaulted two probation officers with a bat causing significant injuries; mental health history;
R v Ervin, 2003 ABCA 179 (CanLII), per Fraser CJ	AB	CA
R v Gates, 2002 BCCA 128 (CanLII), per Ryan JA	BC	CA		broken arm, a head wound requiring 18 stitches, split lip, black eyes, cigarette burns and bruises
R v RJW, NSPC 1 (CanLII) 211 NSR (3d) 239	NS	PC	7 years and 9 months	shot taxi driver that left him blind.
R v Moroz, 2003 ABPC 5 (CanLII), per Bridges J	AB	PC	12 months CSO	struck on the head at least six times with a ball-peen hammer. Significant consumption of cocaine.
R v Basilio, 2003 CanLII 15531 (ON CA), per Gillese JA	ON	CA	2 years less a day
R v Scott, 2002 CanLII 41668 (ON CA, per Charron JA	ON	CA	4 years	The offender was convicted of aggravated assault, assault with a weapon, and uttering threats. The offender and accomplice viciously attacked the victim resulting in "serious and permanent injuries". Accomplice received 12 months CSO.
R v Hiscock, 2002 BCSC 1772 (CanLII), per Stromberg-Stein J	BC	SC	8 years imprisonment	victim beaten by gang, put in vegetative state.
R v Dunn, 2002 CanLII 53265 (ON CA), per Weiler JA	ON	CA	9 years imprisonment	attack until unconscious; long record of violence
R v DL, [2002] BCJ No 1987 (SC)(*no CanLII links)	BC		6 to 7 years	random beating
R v Hulshof, 2001 BCCA 308 (CanLII), per McEachern CJ	BC	CA	4 years imprisonment	robbery with knife; multiple cuts to face
R v Lafleche, 2001 ABCA 292 (CanLII), per curiam	AB	CA	4 years imprisonment	The offender plead guilty to aggravated assault and uttering threats. He and an accomplice assaulted daughter of accomplice over 2 days. They shaved victim's head, confined her to an apartment for 15 hours. She suffered a gash to her eyebrow and bruising.
R v Buckle, 2001 CanLII 37621 (NLSCTD), per Leblanc J	NL	SC	4 years imprisonment	The offender was at a new years party and was intoxicated. He broke a glass table, pushed the two victims to the floor and hit them with a wooden chair. One victim was bruised and had cuts that required a graft. The other victim was beaten until she was unconscious and suffered broken bones in the face, hands and ribs.
R v A, 2001 NSSC 13 (CanLII), per Cacchione J	NS	SC	6 years imprisonment	"The offender pled guilty to one count of unlawful confinement and two counts of aggravated assault. The crimes were motivated by vengeance; the offender believed that the victim had raped his girlfriend. The offender was 27 years old, single, and had completed one year of university. He had a criminal record for theft, causing a disturbance and possession of a weapon.Sentencing the offender to six years imprisonment, that although the injuries suffered by the victims were not as serious as in other cases, their psychological injuries were significant and will continue to impact them for years to come. The crimes, a form of vigilante terrorism, were horrific; a clear message must be sent, both to the offender and to society, that this type of behaviour will not be tolerated." [13]

Prior to 2001

• Aggravated Assault (Sentencing Cases) (Prior to 2001)

Child Victim

Case Name	Prv.	Crt.	Sentence	Summary
R v Nickel, 2012 ABCA 158 (CanLII), per Watson JA (3:2)	AB	CA	3 years imprisonment	put 9 month old's feet in boiling water.
R v O, 2012 BCCA 129 (CanLII), per Bennett JA	BC	CA	2 years less a day
R v RW, 2008 ONCA 800	ON	CA	2 years less a day
R v MJS, 2006 ABCA 176 (CanLII), per Fruman JA	AB	CA	2 years less a day imprisonment
R v CGS, 2005 SKCA 65 (CanLII), per Richards J	SK	CA		"the offender found his common-law spouse and a friend in the bedroom and he administered a severe beating to the friend causing severe fractures to his facial bones. The offender was 28 and had a lengthy youth record for violence and a record as an adult. The Court of Appeal commented that the appropriate range of sentence for the aggravated assault was a jail term of 20 months to 2 years less a day but gave the offender credit for time spent subject to a conditional sentence and imposed a jail term of 12 months."
R v Naistus, 2004 SKCA 142 (CanLII)	SK	CA		"a 20-year-old offender with a minor criminal record committed an aggravated assault by issuing a prolonged beating that left the victim with serious injuries. The accused found the victim in bed with his common-law spouse. The Court of Appeal reduced his sentenced to two years less a day."
R v Ewan, 2000 SKCA 36 (CanLII)	SK	CA	2 years less a day
R v Habib, [14]	ON	CA	2 years less a day CSO	"The victim, an 18-month-old baby, suffered a fractured skull and a brain injury as a result of being shaken by the accused, a babysitter. Fortunately, the child recovered from her injuries. The Crown appealed the sentence. The accused was a first-time offender. She had tremendous family support. On the other hand, she was convicted after a trial and did not acknowledge her guilt. The Court found that the usual range of sentence for “Shaken Baby Syndrome” cases is between three and five years."
R v Gosselin, 1997 CanLII 9772 (SK CA)	SK	CA		"a 29-year-old offender stabbed the victim twice in the back. The injuries were not serious. The offender had a lengthy record including convictions for assault and robbery. The Court of Appeal increased the sentence to 15 months stating: that such an aggravated assault offence would normally attract a sentence in the range of 18 to 24 months but for the fact that the accused made an effort to turn his life around and that he had not been in the justice system for five years."
R v Dufault, 1995 CanLII 3915 (SK CA), per Cameron JA	SK	CA
R v Dixon, 1994 CanLII 1260 (BC CA)	52 BCAC 106	BC	CA	2 years less a day

Stabbing

Case Name	Prv.	Crt.	Sentence	Summary
R v Hanckey, 2019 QCCA 439 (CanLII), {{{4}}}, per curiam	QC	CA	8 years imprisonment	"After the closure of bars, the accused invited a group of people at his house. At one time, the accused was angry against the victim. The victim refused to leave. The victim was stabbed at the shoulder and on the head with a sharp object."
R v Moore, 2018 NSPC 48 (CanLII), per Atwood J	NS	PC	Suspended Sentence	"An 18 year old aboriginal woman stabbed the victim in the abdomen. She was intoxicated despite an undertaking not to consume alcohol. She was on house arrest at the time of sentencing for one year." see also [[15]]
R v Giesbrecht, 2017 ABCA 309 (CanLII), per curiam	AB	CA	18 months imprisonment
R v Foley, 2017 CanLII 26721 (NLSCTD), per Handrigan J	NL	SC	4 years imprisonment
R v Thomas, 2015 NSCA 112 (CanLII), per MacDonald CJ and Beveridge JA	NS	CA	5.5 months imprisonment	"the accused stabbed the victim entirely unprovoked, which caused lacerated spleen, diaphragm and a fractured rib. Hospitalisation and surgery was required and there was some permanent damage. The accused had a very lengthy record, including for crimes of violence."
R v Forman, 2015 BCPC 104 (CanLII), per Frame J	BC	PC	suspended	"the accused pled guilty to aggravated assault after using a knife to slash the arm of a domestic partner. Children were present or nearby at the time of the offence and the offender was on conditions to stay away from the victim at the time of the assault. The offender also incurred 9 more charges while awaiting resolution of this matter. Ms. Foreman was given a suspended sentence of 2 years with house arrest the first 6 months, followed by a curfew for the remainder." [16]
R v Ross, 2015 SKQB 150 (CanLII), 475 Sask R 181, per Maher J	SK	SC	Suspended Sentence	"the accused was convicted of aggravated assault after stabbing her sister in the cheek during a fight over a bottle of whiskey. In imposing a suspended sentence with two years’ probation, R.D. Maher J. placed considerable weight on Gladue factors, as there was a causal link between the background of the Aboriginal offender and the commission of the offence. The court noted that an aggravating factor was the victim had been an active participant in the fight." see also [17]
R v Melvin, 2015 NSSC 165 (CanLII), per Chipman J	NS	SC	18 months imprisonment (agg assault) 6 months imprisonment (weapon)	"The accused was found guilty by a jury of aggravated assault. He had stabbed the victim leaving a scar, but no internal injuries. The victim had punched the accused and ran away. The accused then followed the victim and stabbed him at another location. The facts thereby showed provocation, but no self-defence elements, and the accused’s response was completely out of proportion. The use of a knife was aggravating. The accused was on a conditional sentence and on bail conditions at the time of offence, and had record with some violence. His presentence report was good with ongoing employment and family and community involvement. He was sentenced to 18 months custody."
R v Foreman, 2015 BCPC 104 (CanLII), per Frame J	BC	PC	suspended	"involved an accused who pled guilty to aggravated assault as a result of an incident where she was drinking with the complainant, became angry, and slashed the complainant’s arm with a knife. She was ultimately sentenced to a suspended sentence with two years’ probation. The court considered the fact that Foreman was an alcoholic on her path to recovery and that she had a very positive pre-sentence report."
R v White, 2014 ONSC 2878 (CanLII), [2014] OJ No. 2344, per Ratushny J	ON	SC	suspended sentence	"the accused stabbed the complainant once in the chest with a steak knife after being severely beaten and after the complainant threatened to kill her. The accused was 22 at the time of the crime, had no criminal record, an excellent work history and no alcohol or drug issues." see also [[18]]
R v Cullen, 2014 SKQB 371 (CanLII), {{{4}}}, per Dawson J	SK	SC
R v JCK, 2013 ABCA 50 (CanLII), per curiam (2:1)	AB	CA	2 years less a day imprisonment	stabbed victim 10 times in body and neck
R v Dicker, 2013 CanLII 13200 (NL PC), per Joy J	NL	PC	6 months imprisonment	"Accused, an aboriginal, stabbed the victim in the chest with a pocket knife or similar weapon. ... Victim provoked the assault by shouting insults to the accused."
R v Knife, 2013 SKQB 197 (CanLII), per Popescul J	SK	SC
R v Desjarlais, 2013 SKQB 251 (CanLII), per Whitmore J	SK	SC
R v JR, 2012 BCPC 240 (CanLII), per St Pierre J	BC	PC	4 years imprisonment	stabbing with knife in head, unprovoked
R v Nakamura, 2012 BCSC 327 (CanLII), BCJ No 437, per Romilly J	BC	SC	Suspended Sentence	"An 18 year old with no criminal record. The conviction was for robbery and aggravated assault. The accused stabbed the victim in the face and stomach, and the injuries were life threatening. He was sentenced to a two year suspended sentence with probation and 500 hours community service." see also [19]
R v Sharma, 2012 BCPC 176 (CanLII), per Callan J	BC	PC	4 years imprisonment
R v Wilson, 2012 ONCA 372 (CanLII), per curiam	ON	CA	4 years imprisonment	offender and co-accused stabbed vicctim 3 times in the back for an unpaid drug debt.
R v Haly, 2012 ONSC 2302 (CanLII), per MacDonnell J	ON	SC	36 months imprisonment
R v Makhniashvili, 2011 ONCJ 772 (CanLII), per Rutherford J	ON	PC	6 years imprisonment	aggravated assault; two incidents of stabbing family members in abdomen
R v Wheeler, 2011 CanLII 69366 (NL PC), per Gorman J	NL	PC	4 years imprisonment	stabbing in face
R v Sharpe, 2010 ABQB 576 (CanLII), per Burrows J	AB	SC	2 years less a day CSO	"[49] A 33-year-old accused with no prior record pleaded guilty to aggravated assault of his 7-month-old baby. The infant began to fuss and cry. The accused threw him up in the air four times catching him. The accused’s thumb inadvertently stuck the infant’s chin. As a result of the sudden motion the child suffered injuries which included subdural hematomas and bilateral retinal hemorrhages. The child made a full recovery. The accused was described by his ex-wife as a “hard worker, good provider, and was good to their children”. There was never any violence directed towards her and she described him as “having a good heart”. ... [Accused] was reported to be of “low average to average intelligence”. He was assessed in the “medium range” for further violence."
R v Gaudet, 2009 NSJ No 489(*no CanLII links)	NS		9 months imprisonment	"The accused stabbed his brother three times. This only required stitches."
R v Ashley, 2008 NSPC 11 (CanLII), per Campbell J	NS	PC	2 years less a day CSO	aggravated assault; stabbing twice with a knife
R v Morgan, 2008 NWTCA 12 (CanLII), per curiam	NWT	CA	3.5 years imprisonment	3 stabs to the head
R v Gorman, 2008 ABCA 311 (CanLII), per Slatter JA	AB	CA	18 months imprisonment
R v Grenier, 2007 QCCS 2067 (CanLII), per Wagner J	QC	SC	4 years imprisonment	"Accused and victim met in a Bar the night of the event. ...Victim invites the accused at her house to have a drink. ...On their way, a conflict occurs and the victim almost died as a result of 11 stabs wounds inflicted by the accused."
R v Ryan, 2006 NLTD 167 (CanLII), per O'Regan J	NL	SC	6 years imprisonment	The offender was found guilty of aggravated assault x 2. He stabbed two people with a knife. The first stabbing was in the first victim's abdomen, which punctured his bowels and was life threatening. The second stabbing was of a police officer in the finger and lower back. Those injuries were not life threatening. The offender had a serious criminal record.
R v Whitten, 2006 NLTD 34 (CanLII), per Adams J	NL	SC	5 years imprisonment	The offender pleaded guilty to aggravated assault and other related offences. He stabbed the victim in the back 13 times. The injuries were life threatening. The offender was 22 years old with a long criminal record.
R v Osmond, 2005 NLTD 64 (CanLII), per Goulding J	NL	SC	4 years imprisonment	The offender plead guilty to aggravated assault. There was no sign of provocation. He stabbed a friend with a knife in the chest, abdomen, neck back, and head. Injuries were life threatening and required surgery. His lung and liver were punctured. The attending doctor commented that the neck wound was close to a decapitation. The offender was young and had no prior record.
R v Taghiev, , [2004] O.J. No.5519 (SCJ)(*no CanLII links)	ON	SC	2 years less a day imprisonment	The offender stabbed acquaintance in back over dispute. Judge considered his positive background.
R v Belisario, 2002 BCCA 208 (CanLII), per Hall JA	BC	CA	15 months imprisonment	stabbing; no record
R v Deesasan, , [1996] OJ No 489(*no CanLII links)	ON		12 months imprisonment	stabbing in bus; victim in hospital
R v Wu, 1994 CanLII 6468 (NB CA), [1994] NBJ No.96 (CA), per Hoyt CJ	NB	CA	9 years imprisonment	retribution stabbing of sleeping victim; injuries in multiple regions of body; no record
R v Khan, [1991] OJ No 1025 (CA)(*no CanLII links)	ON	CA	8 years imprisonment	unprovoked stabbing of stranger in subway; mental health issue; dated prior related record
R v Sheppard, [1987] NSJ 380 (NSCA)(*no CanLII links)	NS	CA	Suspended Sentence	Offender slashes victim causing superficial wound in chest and lip as well as a stab in back while victim ran away. Victim was hospitalized for 8 days. Court notes high degree of remorse, completely out of character, and that jail would be harmful to rehabilitation.

Infection

Case Name	Prv.	Crt.	Sentence	Summary
R v Nyoni, 2017 BCCA 360 (CanLII), per Newbury JA	BC	CA	11 years imprisonment	The offender had unprotected sex with three women while HIV/AIDS positive, infecting all of them.
R v Phelan, 2012 CanLII 36207 (NLSCTD), per Dymond J	NL	SC	30 months imprisonment	infected victim with HIV

See Also

• Common Assault (Sentencing Cases)
• Homicide (Sentencing Cases) for attempted murder