Aggravated assault
R. v. Drummond
Sentence and the Crown's position
What the law allows
Shelbe Drummond was found guilty by a jury of aggravated assault for repeatedly striking a man on the head and shoulders with a baseball bat in Victoria in June 2020. The Crown sought three to four years in prison; the defence sought a conditional sentence of two years less a day. Justice Gomery imposed three years in prison, finding that his remorse and rehabilitation prospects justified the low end of the Crown's range but not a sentence below the usual range.
In the judge's words
1Mr. Drummond's remorse and his positive prospects for rehabilitation carry weight, as I have said, but they are not sufficient in the circumstances of this case to justify a sentence falling below the sentencing range. They are sufficient, in my view, to justify a sentence at the low end of the range suggested by the Crown.
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 less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: L. Baskerville
Defence: N. Brooks
Sources
- R. v. Drummond, 2022 BCSC 2022 Court decision, CanLII, November 2, 2022
[23] The Crown seeks a penitentiary sentence of three to four years.
[24] The defence proposes a sentence of two years less a day to be served as a conditional sentence followed by a term of probation of up to three years.
A jury has found Mr. Drummond guilty of aggravated assault and he is now before the court for sentencing.
[41] Mr. Drummond's remorse and his positive prospects for rehabilitation carry weight, as I have said, but they are not sufficient in the circumstances of this case to justify a sentence falling below the sentencing range. They are sufficient, in my view, to justify a sentence at the low end of the range suggested by the Crown.
[47] THE COURT: Yes. For the reasons I have given, I sentence you to serve three years in prison.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Drummond, 2022 BCSC 2022 Court decision, Courts of British Columbia