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
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
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
1Applying 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.
The record
- Convicted of
- Aggravated assault (CC 268)
- 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
- 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.
- R. v. Adolph, 2022 BCSC 2493 Court decision, Courts of British Columbia