Aggravated assault

R. v. Adolph

  • Below the Crown's ask
  • No jail for a violent offence
  • On release at the time

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposedConditional sentence of 24 months less one day (18 months house arrest, then curfew)1
5 years less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum14 years
Crown asked5 years in custody
Judge imposed2 years less a day conditional sentence
Defence askedSuspended sentence
For aggravated assault (CC 268), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 14% of the maximum. Read the section.

Brent Adolph pleaded guilty during his attempted murder trial to aggravated assault for stabbing a man outside a Williams Lake pub in May 2016. The Crown sought five to six years in prison; the defence proposed a suspended sentence or, in the alternative, a conditional sentence. Justice Fleming imposed a conditional sentence of 24 months less one day, finding that Gladue factors significantly attenuated his moral blameworthiness and citing his sobriety, remorse and years of strict bail conditions.

In the judge's words

Applying the paramount principle of proportionality in this context, subject to my further analysis, I conclude that a sentence of imprisonment in the range of 22 months to two years less a day would be proportionate. In my view, the circumstances moderating Mr. Adolph's moral blameworthiness mean that the punitive objectives of denunciation and general deterrence can be readily achieved without a longer period of imprisonment.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
On bail1
Defence asked for
Suspended sentence1
Appeal
Not yet checked
Counsel
Crown: J.M.M. Dufour, A.J. MacDonell and B. MacFarlane
Defence: S.J. Clouston, K.B. Cronin, K.C. and T.E. La Liberte, K.C.

Sources

  1. R. v. Adolph, 2022 BCSC 2493 Court decision, CanLII, September 23, 2022[4] The Crown seeks a sentence in the range of five to six years' imprisonment.[4] … The defence proposes a suspended sentence or, in the alternative, a conditional sentence order ("CSO").[78] The offence of aggravated assault, as I have indicated, carries a maximum penalty of 14 years in prison. There is no minimum sentence.[2] THE COURT: Charged with the attempted murder of … on May 15, 2016, during the trial, Brent Adolph ("Mr. Adolph") pleaded guilty to aggravated assault.[61] … I am told he was released on conditions of no substance use at the time of this offence.[125] Applying the paramount principle of proportionality in this context, subject to my further analysis, I conclude that a sentence of imprisonment in the range of 22 months to two years less a day would be proportionate. In my view, the circumstances moderating Mr. Adolph's moral blameworthiness mean that the punitive objectives of denunciation and general deterrence can be readily achieved without a longer period of imprisonment.[133] Accordingly, the sentence will be as follows: Mr. Adolph, I sentence you to a CSO of 24 months less one day.
  2. R. v. Adolph, 2022 BCSC 2493 Court decision, Courts of British Columbia

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