Assault with a weapon
R. v. Cortes
Sentence and the Crown's position
Crown asked6 months less a day in custody1
Judge imposedSix months less a day in prison, the joint submission, less credit for time served (six months less four days left to serve), then 2 years probation1
What the law allows
Maximum10 years
Crown asked6 months less a day in custody
Judge imposed6 months less a day in custody
Defence asked6 months less a day in custody
Hasan Ali Cortes pleaded guilty to assault with a weapon, proceeded with summarily, for stabbing two men at a party. Crown and defence jointly proposed six months less a day with credit for time served, followed by two years' probation, a length chosen with his immigration status in mind. Justice Gomery accepted the joint submission and, taking time served into account, imposed six months less four days in prison and two years' probation, finding custody necessary to denounce the use of knives.
In the judge's words
1In these circumstances, a custodial term is necessary to denounce his conduct and send the message that the use of knives and other weapons in social interactions is completely unacceptable.
The record
- Convicted of
- Assault with a weapon (CC 267(a))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 6 months less a day in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: J.C. Henry
Defence: A.S. Sidhu
Sources
- R. v. Cortes, 2021 BCSC 2229 Court decision, CanLII, May 31, 2021
[24] Crown and defence jointly ask me to impose a sentence of six months less a day and credit for time served, followed by two years' probation.
[24] Crown and defence jointly ask me to impose a sentence of six months less a day and credit for time served, followed by two years' probation.
[2] Mr. Hasan Cortes pleaded guilty and Crown and defence counsel have concurred in a joint submission as to the appropriate sentence.
[8] Mr. Hasan Cortes has no criminal record. This is his first offence.
[33] … In these circumstances, a custodial term is necessary to denounce his conduct and send the message that the use of knives and other weapons in social interactions is completely unacceptable.
[35] In my view, a reasonable member of the community would be satisfied that the demands of justice, and in particular the need for denunciation and deterrence, are satisfied in this case by the proposed sentence of slightly less than six months in prison, followed by two years of probation on the terms I shall set out. … [36] Mr. Hasan Cortes, please stand. For these reasons, taking into account time served, I sentence you to six months less four days in prison, followed by a term of probation for two years.
- Criminal Code, s. 267 Record, Justice Laws Website
- R. v. Cortes, 2021 BCSC 2229 Court decision, Courts of British Columbia