Assaults Relating to Persons in Authority (Sentencing Cases)

This page was last substantively updated or reviewed January 2015. (Rev. # 80483)

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Assault by persons in authority

See also: Assault (Sentencing Cases)

Case Name	Prv.	Crt.	Sentence	Summary
R v O'Mara, 2020 ABPC 201 (CanLII)	AB	PC	suspended sentence	The judge said it was "considering a sentence of imprisonment".
R v Bal, 2013 BCPC 21 (CanLII), per Fratkin J	BC	PC	Suspended Sentence	RCMP officer hit a detainee in the head and pushed his face into asphalt.
R v Lozada, 2013 ONCJ 770 (CanLII), per Perkins-McVey J	ON	PC	CSO	The offender was a caregiver for elderly. He assaulted a 90 year old patient.
R v Banks, 2012 NBQB 133 (CanLII), per McLellan J	NB	SC	60 days imprisonment	prison guard assaults inmate
R v Ens and Moyse, 2011 MBQB 301 (CanLII), per Schulman J	MB	SC	21 days CSO
R v Lepine, 2010 ABPC 374 (CanLII), per Rosborough J	AB	PC	4 months CSO
R v Byrne, 2009 ONCA 134 (CanLII), per Feldman JA	ON	CA	90 days
R v Carrigan, 2009 CanLII 59434 (NL PC), [2009] NJ No 305 (P.C.), per Pike J	NL	PC		correctional officer assaults inmate causing bodily harm, public trust, discharge rejected
R v Gillan, 2009 BCPC 241 (CanLII), per Watchuk J	BC	PC	21 days CSO
R v Feeney et al, 2008 ONCA 756 (CanLII), per curiam	ON	CA	30 to 60 days
R v Ens, 2006 ABPC 164 (CanLII), per JDB McDonald J	AB	PC	CSO	The offender was a security guard
R v Langlois, 2004 BCPC 195 (CanLII), per Bagnall J	BC	PC	21 days CSO
R v Williams, 2004 ONCJ 261 (CanLII), per Agro J	ON	PC	CSO	The offender assaulted the victim while on duty as peace officer
R v Nixon, 1991 CanLII 905 (BC CA), per Cumming JA	BC	CA	9 months imprisonment
R v Bottrell, 1981 CanLII 352 (BC CA), per Laycraft JA	BC	CA	45 days
R v Cusack, 1978 CanLII 2283 (NS CA), , [1978] NSJ No 538, 41 CCC (2d) 289 (CA), per Hart JA	NS	CA

Assaulting a Peace Officer

Spitting

Case Name	Prv.	Crt.	Sentence	Summary
R v Beaudin, 2012 ONCA 615 (CanLII), per curiam	ON	CA	12 months imprisonment	long record
R v McLeod, 2009 SKPC 85 (CanLII), per Morin J	SK	PC	6 months imprisonment	spitting in eye of officer
R v Charlette, 2010 SKCA 78 (CanLII), per Jackson JA	SK	CA	60 days	spit in face; possible contagious disease
R v Wiersema, 2009 YKTC 6 (CanLII), per Cozens J	YK	SC		spit on officer while bleeding; had communicable disease
R v Ali, 2006 ABQB 805 (CanLII), per Lee J	AB	SC	4 months imprisonment	spit on officer; extensive record
R v Beuk, 2005 CarswellOnt 1674 (ONSC)(*no CanLII links)	ON	SC	Suspended Sentence	spat in face of breath-tech during impaired investigation
R v CEK, 2002 ABCA 295 (CanLII), [2002] A.J. No.1519, per Conrad JA	AB	CA	12 months imprisonment	while being arrested accused spat at officer--offender was 22 years old, previous record for assault
R v Joseph, [2001] OJ No 5726 (Ont.C.J.)(*no CanLII links)	ON	SC	4 months imprisonment	spitting on officer; related to charges of uttering threats, breach of probation; record of violence; "uncontrollable" in community
R v , Ryan(*no CanLII links)	ON		3 months imprisonment	spitting at a police officer
R v Raycraft, [1995] OJ No 3958(*no CanLII links)	ON		4 months imprisonment	spat at peace officer during crowd control

Physical Violence

Case Name	Prv.	Crt.	Sentence	Summary
R v Baines, 2013 ABPC 92 (CanLII), per Van de Veen J	AB	PC	9 months imprisonment	kicked officer in face causing bodily harm
R v Boden, 2012 BCPC 331 (CanLII), per Giardini J	BC	PC	3 months imprisonment	also sentenced to sexual assault x 2--altercation while police arresting him, officers had guns drawn, he ran at them.
R v McArthur, 2010 SKCA 90 (CanLII), per Klebuc CJ	SK	CA	24 months imprisonment	appeal from 12 month sentence; also involved assault causing and mischief against police officer
R v Bougerois, 2012 ABQB 255 (CanLII), per Park J	AB	SC	discharge	while intoxicated grabbed officer's groin, tried to kick him, no injuries sustained
R v Patton, 2011 ABCA 199 (CanLII), per curiam	AB	CA	48 months jail
R v Gardner, 2011 CanLII 4709 (NL PC), [2011] NJ No 41, per Gorman J	NL	PC	1 months CSO	tried to bite and pull hair of officer, no injuries--also charged with violence-related offences and mischief
R v Nehass, 2010 YKTC 64 (CanLII), per Ruddy J	YK	SC	6 months imprisonment	offender was serving a sentence at the time--throwing urine, kicking and punching peace officers--
R v Markozashvili, 2010 ONCA 52 (CanLII), per curiam	ON	CA	90 days imprisonment	offender convicted of dangerous driving causing bodily harm--assaulted officer while resisting arrest
R v Beauprie, 2009 ABQB 323 (CanLII), per Moen J	AB	SC	14 days imprisonment	offender assaulted officer while resisting arrest, no injuries. Offender was 24 years old and initially arrested for mischief and intoxication. No prior record.
R v Jacobish, 2008 NLTD 148 (CanLII), per Goodridge J	NL	SC	120 days imprisonment	officers were removing him from a house, hit one with a snowmobile belt and punched another on.
R v Crothers, 2007 NBQB 237 (CanLII), per Cyr J	NB	SC	10 months imprisonment	unprovoked assault on prison guard, with multiple hits
R v Chocolate, 2005 NWTSC 80 (CanLII), per Foisy J	NWT	SC	2 years less a day imprisonment
R v Legrandeur, 2006 BCSC 227 (CanLII), per Warren J	BC	SC	Suspended Sentence	pushed officer in moment of anger
R v Grossman, 2004 BCPC 236 (CanLII), per Challenger J	BC	PC	1 year imprisonment	pepper sprayed police officer and his dog

Disarming Peace Officer and Related Offences

Case Name	Prv.	Crt.	Sentence	Summary
R v Brown, 2018 ABPC 10 (CanLII), per Van Harten J	AB	PC	2 years + probation	The offender plead guilty to assaulting a jail guard. He was party to a group assault on a corrections officer that involved punches and kicks and beating him with his own handcuffs. The whole incident lasted 36 seconds.