Canadian Criminal Sentencing/Offences/Aggravated Assault

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Aggravated Assault
s. 268 of the Crim. Code
Election / Plea
Crown Election Indictable
Jurisdiction Prov. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Indictable Dispositions
Avail. Disp. Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
Maximum 14 years jail
References
Offence Elements
Sentence Principles
Sentence Digests
Comments
DO/LTO primary designated offence

Legislation[edit]

268. (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

Punishment
(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

...

CCC

Application[edit]

For details on general principles and factors of assault-based offences, see Canadian Criminal Sentencing/Offences/Assaultive Offences

Principles[edit]

Aggravated assault is the most serious of violent crimes short of homocide and so must include incarceration.[1] General deterrence is the primary factor.[2]

The types of offences includes a range with the high end including unprovoked attack with a weapon. While a consensual fight that escalates tends to be on the lower end.[3]

Ranges[edit]

In BC, it has been stated that the "range of sentence for similar offences [namely aggravated assault] was described as being between 16 months and six years”[4] Further it has been stated as "18 months to six years"[5] and "two years less a day to six years".[6]

It is suggested that aggravated assault where a knife is involved is in the range of 3 to 6 years. [7]

  1. R. v. Marsman, [2007] NSCA 65; R. v. Keshane, [2005] S.J. No. 97
  2. R. v. Perlin, [1977] NSJ No. 548, R. v. Dzikowski, [1990] NSJ No. 353; R. v. King, [1999] NSJ No. 331
  3. R. v. Craig, 2005 BCCA 484, in para. 10
  4. R. v. Craig, 2005 BCCA 484, 201 C.C.C. (3d) 495
    R. v. Johnson, 1998 CanLII 4838 (BC CA), (1998), 131 C.C.C. (3d) 274 (B.C.C.A)
  5. R. v. Willier, 2005 BCCA 404
  6. R. v. Biln, 1999 BCCA 369
  7. R. v. Wheeler, [2011] N.J. No. 391 at para. 72

Ancillary Orders[edit]