Assault Peace Officer or Persons in Authority (Sentencing Cases)

From Criminal Law Notebook
This page was last substantively updated or reviewed January 2024. (Rev. # 92990)

Digests

Case Name Prv. Crt. Sentence Summary
2013
R v Baines, 2013 ABPC 92 (CanLII), per Van de Veen J AB PC 9 months imprisonment kicked officer in face causing bodily harm
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Keywords: None
2012
R v Beaudin, 2012 ONCA 615 (CanLII), per curiam ON CA 12 months imprisonment long record
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Keywords: spitting
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.
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Keywords: None
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
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Keywords: None
2011
R v Patton, 2011 ABCA 199 (CanLII), per curiam AB CA 48 months jail
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Keywords: None
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
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Keywords: None
2010
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
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Keywords: None
R v Charlette, 2010 SKCA 78 (CanLII), per Jackson JA SK CA 60 days spit in face; possible contagious disease
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Keywords: spitting
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
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Keywords: None
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
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Keywords: None
2009
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.
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Keywords: None
R v Wiersema, 2009 YKTC 6 (CanLII), per Cozens J YK SC spit on officer while bleeding; had communicable disease
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Keywords: spitting
R v McLeod, 2009 SKPC 85 (CanLII), per Morin J SK PC 6 months imprisonment spitting in eye of officer
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Keywords: spitting
2008
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.
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Keywords: None
2007
R v Crothers, 2007 NBQB 237 (CanLII), per Cyr J NB SC 10 months imprisonment unprovoked assault on prison guard, with multiple hits
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Keywords: None
2006
R v Legrandeur, 2006 BCSC 227 (CanLII), per Warren J BC SC Suspended Sentence pushed officer in moment of anger
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Keywords: None
R v Ali, 2006 ABQB 805 (CanLII), per Lee J AB SC 4 months imprisonment spit on officer; extensive record
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Keywords: spitting
2005
R v Chocolate, 2005 NWTSC 80 (CanLII), per Foisy J NWT SC 2 years less a day imprisonment
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Keywords: None
R v Beuk, 2005 CarswellOnt 1674 (ONSC)(*no CanLII links) ON SC Suspended Sentence spat in face of breath-tech during impaired investigation
Keywords: spitting
2004
R v Grossman, 2004 BCPC 236 (CanLII), per Challenger J BC PC 1 year imprisonment pepper sprayed police officer and his dog
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Keywords: pepper spray
2002
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
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Keywords: spitting
2001
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
Keywords: spitting
R v , Ryan(*no CanLII links) ON 3 months imprisonment spitting at a police officer
Keywords: spitting
1995
R v Raycraft, [1995] OJ No 3958(*no CanLII links) ON 4 months imprisonment spat at peace officer during crowd control
Keywords: spitting

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.
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Keywords: None