Aggravated assault
R. v. Braun
Sentence and the Crown's position
What the law allows
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
1In 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.
The record
- Convicted of
- Aggravated assault (CC 268)
- 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
- 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.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Braun, 2021 BCSC 2379 Court decision, Courts of British Columbia