Assault (Sentencing Cases)

From Criminal Law Notebook
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This page was last substantively updated or reviewed January 2023. (Rev. # 88542)

Common Assault

Case Name Prv. Crt. Sentence Summary
R v RP, 2023 CanLII 6009 (NL PC) NL PC 30 days (assault)
12 months (abduction)
R v Edwards, 2022 CanLII 60926 (NL PC), per Porter J NL PC 10 months imprisonment
R v RM, 2022 ONSC 6662 (CanLII), per Conlan J ON SC
R v TEC, 2015 BCCA 43 (CanLII), per Neilson JA BC CA
R v Reid(Conway), 2014 CanLII 22078 (NL PC), per Porter J NL PC 150 days imprisonment (assault)
60 days imprisonment (threats)
biting victim.
R v Chisholm, 2012 NBQB 389 (CanLII), per Morrison J NB SC 6 months imprisonment Offender plead guilt to kicking and punching the victim at a casino. He was 22 years old aboriginal with a prior related record.
R v Penner-Younker, 2012 BCPC 369 (CanLII), per Bagnall J BC PC
R v Norman, [2011] NJ No 214 (P.C.)(*no CanLII links) NL PC 1 month imprisonment pushing into snowbank and holding down
R v Roefaro, 2011 BCPC 278 (CanLII), per Meyers J BC PC 3 years imprisonment beating over 3 hours; gay victim; broken ribs, teeth
R v Rautenberg, 2011 BCPC 259 (CanLII), per MacKay J BC PC 12 months imprisonment
R v Wells, [2011] NJ 140(*no CanLII links) NL Suspended Sentence punch in side of head, no record, D sought discharge
R v Coleman, [2010] NJ 87(*no CanLII links) NL 20 days imprisonment grabbing victim by hair , no record, D sought discharge
R v Lyver,
2011 CanLII 54511 (NL PC), [2010] NJ 92, per Gorman J
NL PC 6 months imprisonment 2 assaults after unlawfully entering house, masked
R v Newman,
2009 NLCA 32 (CanLII), [2009] NJ 201, per Welsh JA
NL CA 3 months imprisonment threw victim against wall
R v Manning,
2009 CanLII 33466 (NL PC), [2009] NJ 167, per Porter J
NL PC 5 months imprisonment strike to face
R v Withrow, 2008 NSPC 28 (CanLII), per Campbell J NS PC 6 months imprisonment punch victim in face, breaking false teeth and knocking him to the floor
R v Metzler, 2008 NSCA 26 (CanLII), per Bateman JA NS CA 22 weeks assault causing bodily harm; swarming
R v Koc,
2008 NLTD 97 (CanLII), [2008] NJ No 161 (S.C.), per Goulding J
NL SC discharge appeal from 14 day CSO, would be deported if CSO sentence
R v O'Soup, 2011 SKCA 97 (CanLII), per Caldwell JA SK CA 6 months imprisonment Causing bodily harm; kicked bouncer in head after he passed out
R v SG, [2006] NJ 266(*no CanLII links) NL Suspended Sentence pushing against wall, no record, D sought discharge
R v Tobin, 2005 CanLII 8659 (NL PC), per Porter J NL PC 4 months imprisonment assault, uttering threats, mischief and several breaches
R v McGuigan, 1995 CanLII 3966 (SK CA), per Wakeling JA SK CA
R v Martin (W.J.), 1995 CanLII 16663 (NB CA), per TheCourtNBCA NB CA
R v Murphy (K.M.), 1994 CanLII 10294 (NL SC), per Barry J NL SC
R v Morrison, 1993 CanLII 1512 (PE SCTD), per DesRoches J PEI SC
R v Barnaby, 1991 CanLII 2683 (NB KB), per Riordon J NB SC
R v Bruce, 1991 CanLII 13015 (PE SCTD), per MacDonald CJ PEI SC
R v Brown (J.E.), 1991 CanLII 13007 (PE SCTD), per DesRoches J PEI SC
R v Wells, 1990 CanLII 12367 (PE SCTD), per McQuaid J PEI SC
R v Naraindeen (C.A.), 1990 CanLII 6731 (ON CA), per Morden ACJ ON CA
R v Laviolette, 1990 CanLII 1345 (BC CA), per Gibs JA BC CA
R v Oakley, 1990 CanLII 12541 (NWT CA) per Stratton JA NWT CA
R v WFM, 1990 CanLII 4260 (NB CA), per curiam NB CA
R v AMM, 1990 CanLII 2642 (PE SCAD), per Mitchell JA PEI CA
R v Nicholson, 1989 CanLII 7759 (NB QB), per Riordon J NB SC 4 months jail and 2.5 years probation
R v Ayles, 1989 CanLII 9862 (NS CA), per matthews JA NS CA 12 months imprisonment

Assault Causing Bodily Harm

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 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 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.

Assault with a Weapon

Domestic

Child victim

Assaults Relating to Persons in Authority