Aggravated assault
R. v. Kingswood
Sentence and the Crown's position
What the law allows
Robert Wolfe Kingswood pleaded guilty to aggravated assault for repeatedly punching and stomping on the head of a disabled woman he had just met outside a Vernon liquor store, leaving her with permanent injuries. The Crown and defence jointly proposed five years in custody. Justice Ross accepted the joint submission and imposed five years, finding the offence near the more serious end of the range while noting his early guilty plea, lack of a criminal record and genuine remorse.
In the judge's words
1[30] I note that the cases describing this range include the Court of Appeal decision in R. v. Craig, 2005 BCCA 484; R. v. Nguyen, 2016 BCCA 408; and R. v. Adamec, 2021 BCSC 1832. I will not review those prior cases in any detail. As I noted, I am satisfied with counsel's description of the appropriate range. I am further satisfied that Mr. Kingswood's actions fall near the more serious end of that range.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 5 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Cissell
Defence: C. Simmons
Sources
- R. v. Kingswood, 2023 BCSC 1814 Court decision, CanLII, September 22, 2023
[3] I received joint submissions on the appropriate sentence for the one offence of aggravated assault. Crown and defence both submit jointly that a period of incarceration of five years with ancillary orders is appropriate in this case.
[3] I received joint submissions on the appropriate sentence for the one offence of aggravated assault. Crown and defence both submit jointly that a period of incarceration of five years with ancillary orders is appropriate in this case.
[2] Mr. Kingswood is before me for sentencing having pleaded guilty to Count 2 on the indictment, the charge being aggravated assault under s. 268(2) of the Criminal Code, R.S.C. 1985, c. C-46.
[19] I note that Mr. Kingswood comes before the court with no criminal record.
[30] I note that the cases describing this range include the Court of Appeal decision in R. v. Craig, 2005 BCCA 484; R. v. Nguyen, 2016 BCCA 408; and R. v. Adamec, 2021 BCSC 1832. I will not review those prior cases in any detail. As I noted, I am satisfied with counsel's description of the appropriate range. I am further satisfied that Mr. Kingswood's actions fall near the more serious end of that range.
[32] I sentence you to a period of incarceration of five years.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Kingswood, 2023 BCSC 1814 Court decision, Courts of British Columbia