Aggravated assault
R. v. Adamec
- Below the Crown's ask
Sentence and the Crown's position
Crown asked6 years in custody1
Judge imposed5 years and 4 months in prison, less 27 days credit1
245 days less custody than the Crown asked
What the law allows
Maximum14 years
Crown asked6 years in custody
Judge imposed5 years and 4 months in custody
Defence asked4 years in custody
Thomas Joseph Adamec was found guilty after trial of aggravated assault for stabbing a man in the chest with a kitchen knife in a downtown Vancouver apartment in May 2018, causing life-threatening injuries. The Crown sought six to eight years and the defence four to five years. Justice Forth imposed five years and four months, less 27 days of credit, finding that denunciation, specific deterrence and protection of the public were paramount given the unprovoked attack and his lack of insight.
In the judge's words
1The principles of specific deterrence, as well as denunciation, are compelling. His actions carry a high degree of moral blameworthiness.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- 3 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Lawton, B. McCabe
Defence: I. Donaldson, Q.C., C. Armitage
Sources
- R. v. Adamec, 2021 BCSC 1832 Court decision, CanLII, September 2, 2021
[3] The Crown seeks a sentence in the range of six to eight years of imprisonment.
The defence says that, taking into account all of the circumstances of comparable cases, a fit sentence is in the range of four to five years.
[1] On March 25, 2021, I found Thomas Adamec guilty of aggravated assault
[14] He was convicted as an adult for the following offences: … uttering threats with an offence date of July 1, 2010; … possession of a controlled substance with an offence date of June 23, 2010; and … mischief with an offence date of August 9, 2014.
[43] … The principles of specific deterrence, as well as denunciation, are compelling. His actions carry a high degree of moral blameworthiness.
[53] I sentence you to imprisonment for a period of five years and four months. You have served 27 days in pre-sentence custody, which will be attributed to this offence.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Adamec, 2021 BCSC 1832 Court decision, Courts of British Columbia