Aggravated assault
R. v. Thorsen
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Colton Jacob Thorsen pleaded guilty to aggravated assault and uttering threats after he went to a house in Osoyoos with a loaded rifle and shot the victim in the abdomen. The Crown sought three-and-a-half years in custody; the defence sought a two-year conditional sentence. Justice Wilson imposed two years of imprisonment followed by 18 months of probation, crediting 318 days of pre-sentence custody, finding a conditional sentence would not meet denunciation and deterrence given the use of an illegal firearm while giving weight to his two years of sobriety.
In the judge's words
1[35] Notwithstanding Mr. Thorsen's admirable efforts at self-improvement, I conclude that the sentencing objectives of general deterrence and denunciation would not be satisfied with a conditional sentence of imprisonment given the gravity of this offence when an illegal firearm was used to shoot at and wound his victim. In other words, a custodial sentence is required in these circumstances.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: A.W. Lerchs
Defence: M. Patterson
Sources
- R. v. Thorsen, 2023 BCSC 1661 Court decision, CanLII, August 28, 2023
[12] The Crown's position is that a custodial sentence of three-and-a-half years is appropriate in this case.
[13] The defence agrees that three-and-a-half years would generally be appropriate here but argues that this is a case of exceptional circumstances and seeks a two-year conditional sentence followed by three years of probation.
[1] THE COURT: Mr. Thorsen is before the court today for sentencing.
[35] Notwithstanding Mr. Thorsen's admirable efforts at self-improvement, I conclude that the sentencing objectives of general deterrence and denunciation would not be satisfied with a conditional sentence of imprisonment given the gravity of this offence when an illegal firearm was used to shoot at and wound his victim. In other words, a custodial sentence is required in these circumstances.
[39] In the circumstances, I have concluded that a fit sentence in this case is two years of imprisonment followed by 18 months of probation. Mr. Thorsen is entitled to enhanced credit for pretrial custody, which I am advised works out to some 318 days.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Thorsen, 2023 BCSC 1661 Court decision, Courts of British Columbia