Assault causing bodily harm

R. v. Ordway

Sentence and the Crown's position

Crown asked12 months in custody1
Judge imposed18 months' incarceration, satisfied by 573 days of pre-sentence credit (time served), then 18 months probation1

What the law allows

Maximum10 years
Crown asked12 months in custody
Judge imposed18 months in custody
Defence asked1 year probation
For assault causing bodily harm (CC 267(b)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 15% of the maximum. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. Criminal Code, s. 267 Record, Justice Laws Website
  3. R. v. Ordway, 2023 BCSC 1624 Court decision, Courts of British Columbia

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