Assault causing bodily harm
R. v. Gerow
Sentence and the Crown's position
What the law allows
Mitchell Alan Gerow was convicted after trial of assault causing bodily harm for pushing a long-time friend off the railing of his deck, causing serious and lasting injuries. The Crown sought 16 to 18 months in jail, or 90 days intermittent if $13,500 in restitution was ordered; the defence sought a suspended sentence with restitution and probation. Justice Baker found 10 months to be the starting point but imposed 90 days of intermittent custody, probation and $10,000 in restitution, citing Gladue factors and the need to minimize disruption to his family.
In the judge's words
1I find that 10 months' incarceration is appropriate as a starting point. However, for the reasons I will set out below, I will reduce the period of incarceration to 90 days.
The record
- Convicted of
- Assault causing bodily harm (CC 267(b))
- Prior convictions
- 3 prior convictions, 2 violent1
- At the time of the offence
- Not stated1
- Defence asked for
- Suspended sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: H.B. Waldock
Defence: C.B.S. Muldoon, R.D. Adair
Sources
- https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc2036/2021bcsc2036.html Court decision
[28] Mr. Gerow submits that a suspended sentence is appropriate with restitution and lengthy probation.
[1] On December 4, 2020, after a trial, I convicted Mitchell Alan Gerow of one count of assault causing bodily harm contrary to s. 267(b) of the Criminal Code.
[26] Mr. Gerow has three prior convictions. In 1986, he was convicted of driving while impaired. In 1998, he was convicted of assault twice.
[57] Mr. Gerow, could you please rise. I find that 10 months' incarceration is appropriate as a starting point. However, for the reasons I will set out below, I will reduce the period of incarceration to 90 days.
[59] I am satisfied that a punishment proportional to the harm in this case is a sentence comprised of: … a custodial term of 90 days to be served intermittently on weekends; … [62] The probationary term will commence on the date of sentencing and terminate on the expiry of two years.
- Criminal Code, s. 267 Record, Justice Laws Website
- R. v. Gerow, 2021 BCSC 2036 Court decision, Courts of British Columbia