Assaults Relating to Persons in Authority (Sentencing Cases)

This page was last substantively updated or reviewed January 2015. (Rev. # 80572)

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Assault by persons in authority

See also: Assault (Sentencing Cases) and Common Assault (Offence)

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 Sevigny, 2019 ABPC 81 (CanLII)	AB	PC	$1,500 fine, probation of 12 months, and 50 hours of community service	"transit peace officer used a harsh take-down maneuver, with no justification, against a jaywalking citizen, who suffered relatively minor injuries"... "[The complainant] was facing away from the accused [transit officer] when this maneuver was undertaken and offered no physical resistance. It appeared from the evidence that it took him by surprise. He did not break his fall in any manner and was easily taken down. He struck his head forcefully on the sidewalk, which produced a significant laceration on his forehead."
R v Baxter, 2018 ONCJ 608 (CanLII), per O'Donnell J	ON	PC	conditional discharge	"During an arrest, the officer, with no justification, pushed the arrestee face-first into and along a fence and then “grounded” the arrestee, causing facial cuts."
R v Lofroth, 2016 BCPC 429 (CanLII), per de Walle J	BC	PC	suspended	The offender was transporting the complainant from his vehicle to booking and used excessive force in the process.
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 Thomas, 2012 ONSC 6653 (CanLII), per Code J	ON	SC	90 days	"an off-duty police officer was found to have been justified in arresting and using “one or two punches” to subdue a dangerous driver, but who continued (absent justification) with multiple punches against the non-resistant arrestee, causing a broken jaw".
R v Ens and Moyse, 2011 MBQB 301 (CanLII), per Schulman J	MB	SC	4 months CSO (Ens) 4 months jail (Moyse)	The offenders performed an unlawful arrest of the complainant and Moyse struck them multiple times.
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 Tait, 2005 BCPC 273 (CanLII), per Ellan	BC	PC	suspended	The offender handcuffed the complainant and then punched him three times.
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.