Aggravated assault

R. v. Braun

Sentence and the Crown's position

Crown asked2 years in custody1
Judge imposedTwo years' incarceration, plus a $9,208.33 restitution order1

What the law allows

Maximum14 years
Crown asked2 years in custody
Judge imposed2 years in custody
Defence asked2 years in custody
For aggravated assault (CC 268), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 14% of the maximum. Read the section.

Matthew Braun pleaded guilty mid-trial to aggravated assault for smashing a beer bottle into the face of a man who was being held against his will at Braun's home in Gibsons in April 2019, causing serious facial injuries. Crown and defence jointly proposed two years' imprisonment. Justice Fitzpatrick accepted the joint submission and imposed two years, with a restitution order, finding the sentence adequately addressed denunciation, deterrence and rehabilitation.

In the judge's words

In summary, I accept that a two‑year prison sentence for Mr. Braun is appropriate, particularly given the application of the "public interest" test referenced in Anthony‑Cook at paras. 32-34. In my view, this sentence adequately addresses the sentencing objectives of denunciation, deterrence and rehabilitation.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
2 years in custody1
Appeal
Not yet checked
Counsel
Crown: T.J. Cockfield
Defence: W. Jessop and C.B.S. Muldoon

Sources

  1. R. v. Braun, 2021 BCSC 2379 Court decision, CanLII, November 4, 2021[31] The Crown and defence joint recommendation with respect to Mr. Braun is a sentence of two years' imprisonment in a federal institution.[31] The Crown and defence joint recommendation with respect to Mr. Braun is a sentence of two years' imprisonment in a federal institution.[1] THE COURT: The matter before the court today concerns the sentencing of three men: Matthew Braun, David Carmichael, and Sean Lizee.[61] In summary, I accept that a two‑year prison sentence for Mr. Braun is appropriate, particularly given the application of the "public interest" test referenced in Anthony‑Cook at paras. 32-34. In my view, this sentence adequately addresses the sentencing objectives of denunciation, deterrence and rehabilitation.[70] Mr. Braun, I sentence you to two years' incarceration. You will be subject to a standalone restitution order … for $9,208.33.
  2. Criminal Code, s. 268 Record, Justice Laws Website
  3. R. v. Braun, 2021 BCSC 2379 Court decision, Courts of British Columbia

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