Break and enter a dwelling-house, Aggravated assault, Assault with a weapon, Forcible confinement, Mischief over $5,000, Uttering threats to cause death or bodily harm, Assault, Breach of an undertaking
R. v. Armstrong
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
Clinton George Armstrong was convicted after trial of aggravated assault, breaking and entering, assault with a weapon, forcible confinement, uttering threats, mischief and two breaches of an undertaking after he broke into his former common law spouse's home in Comox in February 2020 and repeatedly slashed her with a boxcutter-type tool, and of a common assault on her in December 2019; he was acquitted of attempted murder. The Crown sought an effective sentence of 10 to 11 years. Justice Saunders imposed an effective sentence of eight years on the breaking and entering count with seven years concurrent on the aggravated assault, less 965 days of credit, finding the attack premeditated and committed in breach of undertakings meant to protect her.
In the judge's words
1But he alone is responsible for having decided to channel his bitterness and rage into a vicious and potentially deadly attack on his defenceless former spouse.
The record
- Convicted of
- Break and enter a dwelling-house (CC 348(1)(d))
- Aggravated assault (CC 268)
- Assault with a weapon (CC 267(a))
- Forcible confinement (CC 279(2))
- Mischief over $5,000 (CC 430(3))
- Uttering threats to cause death or bodily harm (CC 264.1(1)(a))
- Assault (CC 266)
- Breach of an undertaking (CC 145(4), 2 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Appeal
- Not yet checked
- Counsel
- Crown: R. B. Richardson
Defence: B. Movassaghi
Sources
- R. v. Armstrong, 2021 BCSC 2377 Court decision, CanLII, November 15, 2021
[18] The Crown seeks an effective sentence - that is, before giving Mr. Armstrong credit for time served - of 10 to 11 years.
[76] THE COURT: Clinton George Armstrong, on the counts on which you have been convicted, I sentence you as follows:
b) The assault was committed while Mr. Armstrong was on undertakings that had been put in place for her protection.
[43] … But he alone is responsible for having decided to channel his bitterness and rage into a vicious and potentially deadly attack on his defenceless former spouse.
[78] On Count 2, breaking and entering, the effective sentence before giving credit for time served would be eight years. Giving credit for 965 days' time served, you are sentenced to a term of imprisonment of five years, 128 days.
- Criminal Code, s. 348 Record, Justice Laws Website
- R. v. Armstrong, 2021 BCSC 2377 Court decision, Courts of British Columbia