Aggravated assault
R. v. D.J.M.K.
A publication ban applies. The offender is not named.
- On release at the time
Sentence and the Crown's position
Crown asked5 years in custody1
Judge imposedFive years' imprisonment, less 391 days' credit for pre-sentence custody1
What the law allows
Maximum14 years
Crown asked5 years in custody
Judge imposed5 years in custody
Defence asked3 years in custody
The offender was convicted after trial of aggravated assault for stabbing an unarmed man twice in Chilliwack in August 2018, after a confrontation over loud music. The Crown sought five years' imprisonment; the defence sought three years less time served. Justice Ross imposed five years, less 391 days' credit for pre-sentence custody, finding that an unprovoked attack with a weapon tends to result in a sentence at the higher end of the range.
In the judge's words
1As described in Craig, an unprovoked attack with a weapon tends to result in a sentence at the higher end of the range. That high end is up to six years.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Defence asked for
- 3 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: G. Lindsey
Defence: J. Oppal
Sources
- R. v. D.J.M.K., 2021 BCSC 2474 Court decision, CanLII, November 19, 2021
[2] The maximum sentence available for this offence is 14 years' imprisonment. The Crown seeks a sentence of five years' imprisonment, less credit for time served in custody.
[3] The defence submits that a fit sentence would consist of two further years' imprisonment, followed by a period of probation. In effect, the defence submission is that a period of imprisonment for three years less time served would be appropriate.
[17] The Crown submits that the following aggravating factors exist: … has a significant prior record of violent offences and was out on bail from a prior offence of threatening at the time this offence occurred;
[52] … As described in Craig, an unprovoked attack with a weapon tends to result in a sentence at the higher end of the range. That high end is up to six years.
[6] … By my calculation, that is 391 days' credit. … [54] … I accept the Crown's submission on the appropriate length of sentence. I impose a sentence of five years' imprisonment. … you are entitled to credit for time in custody of 260 actual days at 1.5 days' credit per day in custody. … [59] CNSL G. LINDSEY: I don't think so. I just want to make sure that the record has the actual number of days. So it's five years minus 391 days, which I think is 1434 more days.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. D.J.M.K., 2021 BCSC 2474 Court decision, Courts of British Columbia