Assault
R. v. G.L.M.B.
A publication ban applies. The offender is not named.
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
The offender was convicted by a jury of assault and acquitted of sexual assault. The Crown sought four to six months in jail followed by 18 months of probation; the defence sought a conditional discharge. Justice Gomery imposed a three-month conditional sentence of house arrest followed by 21 months of probation, finding a discharge contrary to the public interest given a prior conditional discharge for domestic assault, while giving weight to rehabilitation.
In the judge's words
1The objective of denunciation is important enough in this case that I think a conditional sentence is to be preferred to a suspended sentence. In my view, a conditional sentence providing for three months of house arrest, that is three months of imprisonment without incarceration, substantially restricting G.M.'s liberty, in conjunction with 21 months of probation, will suffice to denounce G.M.'s criminal conduct while promoting his rehabilitation, and also serve the other sentencing objectives of deterrence and promoting a sense of responsibility in the offender.
The record
Sources
- R. v. G.L.M.B., 2022 BCSC 2262 Court decision, CanLII, November 28, 2022
[40] The Crown seeks a sentence of four to six months in jail, followed by probation for 18 months, a restitution order, a DNA order, and a firearms prohibition for 10 years.
[41] The defence seeks a conditional discharge with a probation order for 24 months.
[12] G.M. has a criminal record consisting of a single stale conviction in 1998 for operating a vehicle or vessel while impaired.
[55] The objective of denunciation is important enough in this case that I think a conditional sentence is to be preferred to a suspended sentence. In my view, a conditional sentence providing for three months of house arrest, that is three months of imprisonment without incarceration, substantially restricting G.M.'s liberty, in conjunction with 21 months of probation, will suffice to denounce G.M.'s criminal conduct while promoting his rehabilitation, and also serve the other sentencing objectives of deterrence and promoting a sense of responsibility in the offender.
[56] G.M., please stand. For the reasons I have given, you must comply with a conditional sentence order for three months. … you must comply with a probation order for a term of 21 months.
- Criminal Code, s. 266 Record, Justice Laws Website
- R. v. G.L.M.B., 2022 BCSC 2262 Court decision, Courts of British Columbia