Assault causing bodily harm
R. v. Ordway
Sentence and the Crown's position
What the law allows
Kyle Gordon Ordway was convicted by a jury of assault causing bodily harm after he took part with another person in multiple assaults on the victim, including burning her with a crack pipe, while she was confined in her home. The Crown sought 12 to 18 months in custody followed by probation; the defence sought 12 months of probation. Justice Baker imposed 18 months of incarceration, which his pre-sentence custody satisfied, followed by 18 months of probation, finding that denunciation and deterrence were the primary factors.
In the judge's words
1I am satisfied that the assaults involved serious violence against J.W., and denunciation and deterrence are the primary factors in sentencing. Promoting a sense of responsibility and rehabilitation are also factors I have taken into account.
The record
- Convicted of
- Assault causing bodily harm (CC 267(b))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 1 year probation1
- Appeal
- Not yet checked
- Counsel
- Crown: N.S. Bennet
Defence: T.L. Spettigue
Sources
- R. v. Ordway, 2023 BCSC 1624 Court decision, CanLII, June 30, 2023
[28] The Crown submits an appropriate sentence would be 12 to 18 months in custody, followed by 12 to 18 months of probation. If I find more than one assault occurred, the Crown submits that a sentence at the higher end of the range is appropriate.
[31] The defence submits that a probationary term of 12 months is an appropriate sentence.
[1] THE COURT: On May 3, 2023, Mr. Ordway was convicted by a jury of committing assault of J.W., causing bodily harm, contrary to s. 267(b) of the Criminal Code.
[58] I am satisfied that the assaults involved serious violence against J.W., and denunciation and deterrence are the primary factors in sentencing. Promoting a sense of responsibility and rehabilitation are also factors I have taken into account.
[59] I find that a sentence which is proportionate to the gravity of the offence and which takes into account the aggravating and mitigating factors I have reviewed is a term of 18 months of incarceration, followed by an 18‑month probationary term. … [63] In relation to these charges, Mr. Ordway has been in custody a total of 396 days. Presentence time is credited at 1.5 and is equal to 594 days. From that are deducted the 21 days that were already applied to sentencing for his breaches of release terms, leaving 573 days. Mr. Ordway's presentence custodial time satisfies the custodial sentence I have ordered.
- Criminal Code, s. 267 Record, Justice Laws Website
- R. v. Ordway, 2023 BCSC 1624 Court decision, Courts of British Columbia