Canadian Criminal Sentencing/Cases/Common Assault

From Wikibooks, open books for an open world
Jump to: navigation, search

Common Assault[edit]

Case Citation Sentence Summary
R. v. Chisholm 2012 NBQB 389 (CanLII) 6 months 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] N.J. No. 214 (P.C.) 1 month pushing into snowbank and holding down
R. v. Roefaro 2011 BCPC 278 3 years beating over 3 hours; gay victim; broken ribs, teeth
R. v. Rautenberg 2011 BCPC 259 12 months
R v Wells [2011] NJ 140 S / S punch in side of head, no record, D sought discharge
R v Coleman [2010] NJ 87 20 days grabbing victim by hair , no record, D sought discharge
R v Hickey [2010] NJ 88 6 months self-choking gesture while uttering threat
R v Lyver [2010] NJ 92 [1] 6 months 2 assaults after unlawfully entering house, masked
R v Newman [2009] NJ 201 3 months threw victim against wall
R v Manning [2009] NJ 167 5 months strike to face
R. v. Withrow 2008 NSPC 28 6 months punch victim in face, breaking false teeth and knocking him to the floor
R. v. Metzler 2008 NSCA 26 22 weeks assault causing bodily harm; swarming
R. v. Koc [2008] N.J. No. 161 (S.C.) discharge appeal from 14 day CSO, would be deported if CSO sentence
R v O'Soup 2011 SKCA 97 6 months Causing bodily harm; kicked bouncer in head after he passed out
R v S.G. [2006] NJ 266 S/S pushing against wall, no record, D sought discharge
R. v. Tobin 2005 CanLII 8659 (NL PC) 4 months assault, uttering threats, mischief and several breaches

Assault and Assault with a Weapon[edit]

Case Citation Sentence Summary
R v Bolton 2012 SKQB 180 12 months assault with a chain
R. v. Biemans 2012 BCPC 95 7 days drove into victim with car
R v. Cardinal 2012 ABCA 102 30 months assault with a weapon, unlawful confinement, choking and uttering threats conviction
R. v. Oladimeji 2012 ONCA 19 28 months assault with a brick during a drug deal; prior related record;
R. v. M.P. 2011 BCPC 380 3 years assault with a pool cue in the forenic hospital

Assault Causing Bodily Harm[edit]

Case Citation Sentence Summary
R. v. Reesor 2012 ABPC 163 90 days
R. v. S.C.R. 2012 BCPC 122 4 years
R. v. Gladue 2012 ABCA 118 11 months 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) 9 month CSO strike once to face causing broken cheek bone, needed facial reconstructive surgery, dated prior offence, summary election.
R. v. Little 2012 ONCJ 210 4 months 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 19.5 months 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

Domestic[edit]

Case Citation Sentence Summary
R. v. Boland 2012 BCPC 57 absolute discharge put hand over mouth, during domestic argument
R. v. Grossetete 2012 NWTCA 2 13 months 2 assaults
R. v. Pumphrey [2011] N.J. No. 129 (P.C.) 90 days + Probation assaulting of former partner and uttering a threat, offender pushed victim against a bathtub, strangled, and threatened to kill her.
R. v. Major [2011] N.J. No. 122 (P.C.) 60 days CSO + probation domestic assault. He struck her and pulled her hair.
R. v. Marsh [2011] N.J. No. 440 (P.C.) 6 months the offender grabbed victim by arm and hair, shook her head, putting it towards floor. Then offender hit victim in eye with open hand and then hit her on left side of jaw.
R. v. Wardak 2011 ONCJ 583 90 days domestic assault; uttering threats; no prior record
R. v. Sidhu 2011 ONCA 139
R. v. Granger 2011 ONCA 537 18 mo jail conviction at trial, choking, threatening
R. v. J.K. 2010 NLTD 125 2008 ONCA 54 39 months global several assaults over 5 months; aggravated assault, unlawful confinement
R. v. Kopriva 2008 ONCA 54 12 months sixth assault conviction, third against victim
R. v. Aymont 2008 ABPC 285 15 month discharge
R. v. Louison 2008 SKCA 69 24 months two prior domestic assault convictions, including scaring. Two sets of assaults against same person.
R. v. R.(B.S.) (2006), 81 O.R. (3d) 641 (C.A.) 2006 CanLII 29082
R. v. States (2006), 214 O.A.C. 106 (C.A.) 2006 CanLII 25973
R. v. Campbell 2007 ONCA 313 2 years assault causing harm; long record of violence; sparked by a racial slur
R. v. Julian 2006 NSPC 67 14 mo and probation two assault on same victim; lasting injuries
R. v. G. C. 2005 NLTD 35 45 months aggravated assault; assault with a weapon; alcohol involved
R. v. Heavyrunner 2004 ABCA 15 2 years suspended sentence 2 domestic assaults; significant amount of rehabilitation
R. v. Ochuschayoo 2004 SKCA 16 3 years assault causing; long record
R. v. MacDonald 2003 NSCA 36 22 months assault causing
R v Morgan [2003] NJ 341 (NLSC) discharge (JR) offender dragged spouse across floor. no record.
R. v. Cook (1996), Sask R. 16 (CA) 1 year punched wife in eyes and hit her with bottle on head; extensive record of violence
R. v. Pardy (1996), 145 Nfld. & P.E.I.R. 78 (N.L.S.C.) 21 days jail pushing girlfriend to the ground and kicking her
R. v. Bonneteau 1994 CanLII 4487 (AB C.A.) two years less one day 3 assault causing bodily harm over 2 years
R. v. Pitkeathly 1994 CanLII 222 8 years aggravated assault
R. v. Greene (1993), BCCA 1 year with 2 years probation bouncer argues with wife, slams head into tree and retaining wall; pulled by hair; age 26; limited record
R. v. Coleman 1992 CanLII 2589 (NS C.A.) 12 months aggravated assault
R. v. Brown, Highway, Umpherville (1992), 73 CCC 242 (Alta. CA) 1992 CanLII 2829 18 mo/18mo/3 years 3 separate cases; history of violence
R. v. Nolan (1990), Sask. R. (CA) 6 months struck wife; was on probation for violence against V at time
R. v. Ayles (1989) NSCA 12 months two counts of violence for assaulting wife; punch to nose and choking; in presence of children; prior record of violence
R. v. Inwood 1989 CanLII 263 (ON C.A.) 30 days and probation
R. v. Petrovic (1984), 47 O.R. (2d) 97 (C.A.)

Child victim[edit]

Case Citation Sentence Summary
R. v. Gallant 2012 CanLII 21016 (NL PC) 3 months hit and kick in face of 14 year old
R. v. C.(Y.J.) 2012 ONCJ 25 cond. Disch. assault of 10 year old son; immigration implications of criminal record
R. v. Randell 2011 CanLII 57525 (NL PC) S/S 12 mo punch to child; struggle; dated prior record
R. v. J.B. [2011] N.J. No. 164 (P.C.) 14 day CSO offender assaulted his wife and daughter while on conditions to have no contact--he pushed daughter against bed headboard.
R. v. J.T.R. [2011] N.J. No. 339 (P.C.) Suspended offender struck son's arm to release grip on arm
R. v. Samms [2010] N.J. No. 202 (P.C.) 6 mo CSO
R. v. Stacey [2009] N.J. No. 257 (P.C.) 6 mo jail
R. v. D.P. [2004] N.J. No. 38 (P.C.) S/S
R. v. W.L. [2004] N.J. No. 44 (P.C.) 60 days offender threw step-son down stairs and damaged residence
R. v. Burke [1996] N.J. No. 179 (C.A.) discharge assaulted child at orphanage, appeal from 1 month sentence

Assault by persons in authority[edit]

Case Sentence Summary
R v Banks, 2012 NBQB 133 60 days prison guard assaults inmate
R. v. Ens and Moyse, 2011 MBQB 301 21 days CSO
R. v. Lepine, 2010 ABPC 374 4 months CSO
R. v. Byrne, 2009 ONCA 134 90 days
R. v. Carrigan, [2009] N.J. No. 305 (P.C.) correctional officer assaults inmate causing bodily harm, public trust, discharge rejected
R. v. Gillan, 2009 BCPC 241 21 days CSO
R. v. Feeney et al., 2008 ONCA 756 30 to 60 days
R. v. Langlois, 2004 BCPC 195 21 days CSO
R. v. Nixon, 1991 CanLII 905 (BC CA) 9 months
R. v. Bottrell, 1981 CanLII 352 (BC CA) 45 days
R. v. Cusack, [1978] N.S.J. No. 538 (QL), 41 C.C.C. (2d) 289 (C.A.)

Assault Peace Officer[edit]

Spitting[edit]

Case Citation Sentence Summary
R. v. Beaudin 2012 ONCA 615 12 months long record
R. v. McLeod 2009 SKPC 85 6 months spitting in eye of officer
R. v. Charlette 2010 SKCA 78 60 days spit in face; possible contagious disease
R. v. Wiersema 2009 YKTC 6 spit on officer while bleeding; had communicable disease
R. v. Ali 2006 ABQB 805 4 months jail spit on officer; extensive record
R. v. Beuk (2005), 2005 CarswellOnt 1674 (ONSC) suspended spat in face of breath-tech during impaired investigation
R. v. C.E.K. [2002] A.J. No.1519 12 months while being arrested accused spat at officer--offender was 22 years old, previous record for assault
R. v. Joseph [2001] O.J. No. 5726 (Ont.C.J.) 4 months jail spitting on officer; related to charges of uttering threats, breach of probation; record of violence; "uncontrollable" in community
R. v. Ryan [2001] O.J. No. 5069 3 months spitting at a police officer
R. v. Raycraft [1995] O.J. No. 3958 4 months spat at peace officer during crowd control

Physical Violence[edit]

Case Citation Sentence Summary
R. v. Boden 2012 BCPC 331 (CanLII) 3 months 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 24 months appeal from 12 month sentence; also involved assault causing and mischief against police officer
R. v. Bougerois 2012 ABQB 255 discharge while intoxicated grabbed officer's groin, tried to kick him, no injuries sustained
R. v. Patton 2011 ABCA 199 48 months jail
R. v. Gardner [2011] N.J. No. 41 1 mo 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 6 months offender was serving a sentence at the time--throwing urine, kicking and punching peace officers--
R. v. Markozashvili 2010 ONCA 52 90 days offender convicted of dangerous driving causing bodily harm--assaulted officer while resisting arrest
R. v. Beauprie 2009 ABQB 323 14 days 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 148 120 days officers were removing him from a house, hit one with a snowmobile belt and punched another

on.

R. v. Crothers 2007 NBQB 237 10 months unprovoked assault on prison guard, with multiple hits
R. v. Chocolate 2005 NWTSC 80 2 years less a day
R. v. Legrandeur 2006 BCSC 227 suspended pushed officer in moment of anger
R. v. Grossman 2004 BCPC 236 1 year pepper sprayed police officer and his dog

See Also[edit]