Assault (Sentencing Cases)
| This page was last substantively updated or reviewed January 2023. (Rev. # 82861) |
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Common Assault
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| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v RP, 2023 CanLII 6009 (NL PC) | NL | PC | 30 days (assault) 12 months (abduction) |
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| R v RM, 2022 ONSC 6662 (CanLII), per Conlan J | ON | SC | ||
| R v TEC, 2015 BCCA 43 (CanLII) | 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 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 |
Assault and Assault with a Weapon
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| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Hickey (Sentence), 2019 CanLII 72719 (NL PC), per Porter J | NL | PC | ||
| R v Do, 2018 BCCA 229 (CanLII), per Stromberg-Stein JA | BC | CA | 18 months imprisonment | The offender was convicted at trial of assault causing bodily harm, assault with a weapon, possession of weapon for a dangerous purpose, and uttering threats. |
| R v Bryce, 2013 ONSC 2637 (CanLII), per Ricchetti J | ON | SC | 18 months imprisonment + Probation | assault with brass knuckles. Offender has extensive record for violence. |
| R v Bolton, 2012 SKQB 180 (CanLII), per Chicoine J | SK | SC | 12 months imprisonment | assault with a chain |
| R v Biemans, 2012 BCPC 95 (CanLII), per Woods J | BC | PC | 7 days imprisonment | drove into victim with car |
| R v Cardinal, 2012 ABCA 102 (CanLII), per Rowbotham JA | AB | CA | 30 months imprisonment | assault with a weapon, unlawful confinement, choking and uttering threats conviction |
| R v Oladimeji, 2012 ONCA 19 (CanLII), per curiam | ON | CA | 28 months imprisonment | assault with a brick during a drug deal; prior related record; |
| R v MP, 2011 BCPC 380 (CanLII), per Bennett J | BC | PC | 3 years imprisonment | assault with a pool cue in the forenic hospital |
| R v Wells, [2011] NJ No 140(*no CanLII links) | NL | 90 days imprisonment | hitting the victim with a pool cue | |
| R v Hollett, 2011 CanLII 55968 (NL PC), [2011] NJ No 327, per Orr J |
NL | PC | 6 months imprisonment | assault while possessing a baseball bat [per Orr J] |
| R v Pollock, 2011 CanLII 42630 (NL PC), [2011] NJ No 259, per Hyslop J |
NL | PC | 10 months imprisonment | fired a pellet gun at a police officer [per Hyslop J] |
| R v Phillpot, [2011] NJ No 71(*no CanLII links) | NL | 14 months imprisonment | stabbed victim in hands | |
| R v Wells, 2007 CanLII 42203 (NL PC), [2007] NJ No 354, per Orr J |
NL | PC | 12 months imprisonment | stabbing [per Orr J] |
| R v Nichol, 2007 NLTD 35 (CanLII), [2007] NJ No 53, per O’Regan J |
NL | SC | 10 months remand | threated victim with needle. [per O'Regan] J |
| R v Poker, 2006 NLTD 154 (CanLII), [2006] NJ No 285, per Fowler J |
NL | SC | 2 years imprisonment | stabbing |
| R v Capstick, 2006 NSSC 33 (CanLII), per Cacchione J | NS | SC | discharge | Offender assaulted his child. He was in a position of trust to victim. No prior record. |
| R v Manning, [2005] NJ No 234(*no CanLII links) | NL | 12 months imprisonment | hit the victim in the head with a beer bottle. | |
| R v Molloy, 2005 NLTD 172 (CanLII), [2005] NJ No 309, per Dymond J |
NL | SC | 7 months imprisonment | hit the victim with a stick and a piece of baseboard. [per Dymond J] |
| R v Kerrivan, 2004 NLSCTD 112 (CanLII), [2004] NJ No 208, per Barry J |
NL | SC | 14 months imprisonment | pointed a firearm at the victim. [per Barry J] |
| R v Anderson, [2004] NJ No 246(*no CanLII links) | NL | 3 months imprisonment | threatened the police with a knife | |
| R v Lewis, 2002 CanLII 54024 (NL SC), [2002] NJ No 114, per Handrigan J |
NL | SC | 18 months imprisonment | offender cut the victim's throat with a knife. |
| R v Sheppard, [2002] NJ No 350(*no CanLII links) | NL | 8 months imprisonment | throwing a post through window of victim's home | |
| R v Lewis, 2002 CanLII 54024 (NLSCTD), per Handrigan J | NL | SC | 18 months and 3 yrs prob. | The offender was convicted of assault with a weapon, common assault, and uttering threats. He cut his brother's throat with a knife and punched his father in the head. He was 29 years old with a lengthy criminal record and had a history of violent behaviour. Judge also ordered DNA Order. |
| R v Savchenko, 2000 CanLII 28797 (NL SC), [2000] NJ No 213, per Adams J |
NL | SC | 2 months CSO | threatened the victim with knife. |
Assault Causing Bodily Harm
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| 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), {{{4}}}, 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 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 | |
| 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 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. |
Domestic
Child victim
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v RGB, 2017 ABCA 359 (CanLII), per curiam | AB | CA | 2 years less a day imprisonment | The offender was intoxicated and hit a 1 year old child in his custody. |
| R v Rochon-frosk, , 2017 MBPC 14 (CanLII), per Martin J | MB | PC | 6 years imprisonment | The offender pleaded guilty to assault causing bodily harm and failure to provide necessities of life. |
| R v Berg, 2017 SKPC 11 (CanLII), per Kovatch J | SK | PC | CSO | The offender convicted of assault causing bodily harm on infant daughter |
| R v Bowden, 2015 NSPC 13 (CanLII), per Derrick J | NS | PC | 18 months imprisonment | |
| R v Tremblay, 2013 BCPC 38 (CanLII), per Chen J | BC | PC | 15 days imprisonment | Offender was a hockey coach of an under 14 year old team, he berated two players during a match and then tripped two of them during the ceremonial handshake. Offender had a prior discharge for assault that was recent. |
| R v DM, 2012 ONCJ 478 (CanLII), per Lalande J | ON | PC | 12 months imprisonment | |
| R v Gallant, 2012 CanLII 21016 (NL PC), per Gorman J | NL | PC | 3 months imprisonment | hit and kick in face of 14 year old |
| R v C(YJ), 2012 ONCJ 25 (CanLII), per Harris J | ON | PC | Conditional Discharge | assault of 10 year old son; immigration implications of criminal record |
| R v CGO, 2012 BCCA 129 (CanLII), per Bennett JA | BC | CA | 2 years less a day CSO | The offender pleaded guilty to aggravated assault and failure to provide necessities of life. |
| R v Randell, 2011 CanLII 57525 (NL PC), per Gorman J | NL | PC | Suspended Sentence, 12 months | punch to child; struggle; dated prior record |
| R v JB, [2011] NJ No 164 (P.C.)(*no CanLII links) | NL | 14 days imprisonment | offender assaulted his wife and daughter while on conditions to have no contact--he pushed daughter against bed headboard. | |
| R v JTR, [2011] NJ No 339 (PC)(*no CanLII links) | NL | PC | Suspended Sentence | offender struck son's arm to release grip on arm |
| R v Hardwood-Jones, 2010 MBQB 8 (CanLII), per Martin J | MB | SC | 18 months imprisonment | The offender was convicted of aggravated assault against a 4 month old child. |
| R v Samms, 2010 CanLII 31277 (NL PC), [2010] NJ No 202 (P.C.), per Gorman J |
NL | PC | 6 mo CSO | |
| R v Sharpe, 2010 ABQB 576 (CanLII), per Burrows J | AB | SC | 2 years less a day CSO | The offender was convicted of aggravated assault. |
| R v Stacey, 2009 CanLII 51222 (NL PC), [2009] NJ No 257 (P.C.), per Porter J |
NL | PC | 6 months imprisonment | |
| R v McCauley, 2007 CanLII 13937 (ON SC), per Hill J | ON | SC | 12 months imprisonment | The offender was convicted of aggravated assault against her infant child. |
| R v MJS, 2006 ABCA 176 (CanLII), per Fruman JA | AB | CA | 18 months imprisonment | |
| R v DP, [2004] NJ No 38 (P.C.)(*no CanLII links) | NL | PC | Suspended Sentence | |
| R v WL, [2004] NJ No 44 (P.C.)(*no CanLII links) | NL | PC | 60 days imprisonment | offender threw step-son down stairs and damaged residence |
| R v Bourgeois, 2001 ABPC 155 (CanLII), per Stevenson J | AB | PC | 4 years imprisonment | The offender pleaded guilty to aggravated assault. |
| R v Burke, 1996 CanLII 11083 (NL CA), [1996] NJ No 179 (CA), per Gushue CJ |
NS | CA | discharge | assaulted child at orphanage, appeal from 1 month sentence [per Gushue CJN] |
Assaults Relating to Persons in Authority
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