From Criminal Law Notebook
Assault by persons in authority
| Case Name |
Prv. |
Crt. |
Sentence |
Summary
|
| 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
| Disarming a Peace Officer |
|---|
| | | |
|
| 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.
|
