Assault causing bodily harm
R. v. D.A.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to assault causing bodily harm for assaults on the victim over at least two days in March 2021 near Trail; counts of uttering threats and careless storage of a firearm were stayed. The Crown sought a jail sentence in the range of 6 to 18 months plus two years of probation; the defence sought a conditional discharge or at most six months. Justice Mayer imposed 12 months in jail less 279 days of credit, followed by one year of probation, finding that denunciation was paramount.
In the judge's words
1In my view denunciation is paramount in this case although both apply. Offenders must know that they face a significant sanction when they assault their spouses causing bodily harm.
The record
- Convicted of
- Assault causing bodily harm (CC 267(b))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Discharge1
- Appeal
- Not yet checked
- Counsel
- Crown: R.B. Smyth
Defence: D.J. McNamee
Sources
- R. v. D.A., 2022 BCSC 1256 Court decision, CanLII, April 1, 2022
[47] … The Crown contends that an appropriate range of sentence would be a jail sentence of 6 to 18 months. The Crown further seeks a two-year probation order with standard conditions.
[48] … submits that a conditional discharge order is appropriate in this case - or at most a jail sentence of six months - which after credit for time served will not result in additional time.
[9] … declined to submit a pre-sentence report in this case. He does not have a criminal record.
[74] … In my view denunciation is paramount in this case although both apply. Offenders must know that they face a significant sanction when they assault their spouses causing bodily harm.
[82] With respect to count 1, I sentence you to jail for a period of 12 months, less credit for time served of 279 days, which will result in you remaining in jail for a further 86 days. [83] … I order that you should be on probation for a period of one year.
- Criminal Code, s. 267 Record, Justice Laws Website
- R. v. D.A., 2022 BCSC 1256 Court decision, Courts of British Columbia