Aggravated assault

R. v. Hartford

  • On release at the time

Sentence and the Crown's position

Crown asked972 days in custody1
Judge imposed432 days' credit for time served plus a further 18 months' incarceration, then 3 years' probation1

What the law allows

Maximum14 years
Crown asked972 days in custody
Judge imposed972 days in custody
Defence asked972 days in custody
For aggravated assault (CC 268), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 19% of the maximum. Read the section.

Leslie Hartford pleaded guilty to aggravated assault after biting off a large portion of the victim's ear in a women's shelter in New Westminster. Crown and defence made a joint submission of 432 days' credit for time served plus a further 18 months' incarceration and three years' probation. Justice Branch accepted the joint submission, citing her difficult history, her guilty plea and her commitment to rehabilitation.

In the judge's words

However, in recognition of your difficult history, your guilty plea, and your commitment to putting yourself on a better path going forward, I agree that the sentence proposed by your lawyer and by Crown adequately addresses the principles of sentencing, the gravity of the offence, and the aggravating and mitigating factors.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
On bail1
Defence asked for
972 days in custody1
Appeal
Not yet checked
Counsel
Crown: T. Iandiorio, J.N.A. Gock
Defence: R. Zakirova

Sources

  1. https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1183/2022bcsc1183.html Court decision[2] Before me today is a joint submission proposing that the appropriate sentence be as follows: a) a total credit of 432 days for time served in custody to date; b) a further 18 months' incarceration;[2] Before me today is a joint submission proposing that the appropriate sentence be as follows: a) a total credit of 432 days for time served in custody to date; b) a further 18 months' incarceration;[1] THE COURT: On March 31, 2022, Leslie Hartford pled guilty to aggravated assault[34] … h) At the time of the offence, Ms. Hartford was on bail for robbery.[43] However, in recognition of your difficult history, your guilty plea, and your commitment to putting yourself on a better path going forward, I agree that the sentence proposed by your lawyer and by Crown adequately addresses the principles of sentencing, the gravity of the offence, and the aggravating and mitigating factors.[43] … To recap the sentence to be imposed, it will be: a) a total of 432 days for time served in custody; b) a further 18 months' incarceration; c) a probation order for a period of three years;
  2. Criminal Code, s. 268 Record, Justice Laws Website
  3. R. v. Hartford, 2022 BCSC 1183 Court decision, Courts of British Columbia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.