Aggravated assault
R. v. Parker
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
Crown asked7 years in custody1
Judge imposed4 years 6 months imprisonment, less 18 days credit1
915 days less custody than the Crown asked
What the law allows
Maximum14 years
Crown asked7 years in custody
Judge imposed4 years and 6 months in custody
Defence asked2 years less a day conditional sentence
Christopher John Bruce Parker was convicted after trial of aggravated assault for stabbing a man in the back of the neck in Victoria, injuring his spinal cord. The Crown sought seven years; the defence sought a two-years-less-a-day conditional sentence. Justice Brongers imposed four years and six months of imprisonment, citing the gravity of the offence, its impact on the victim and Mr. Parker's criminal history.
In the judge's words
1[65] That said, the gravity of Mr. Parker's offence, its severe impact on … and Mr. Parker's criminal history are such that I cannot agree with counsel for the defence that a conditional sentence order would be appropriate.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- 42 prior convictions, 5 violent1
- At the time of the offence
- On bail1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: J.A. Gillings
Defence: N. Brooks
Sources
- R. v. Parker, 2023 BCSC 2259 Court decision, CanLII, December 8, 2023
[39] Counsel for the Crown takes the position that the duration of Mr. Parker's sentence should be seven years, which is at the higher range for aggravated assault.
Rather, he proposes that Mr. Parker first serve a sentence of two years less one day in the community, further to a conditional sentence order under s. 742.1 of the Criminal Code, and then be subject to a three‑year probation order after that.
[1] THE COURT: On May 23, 2023, I found Christopher Parker guilty of aggravated assault of … contrary to s. 268(2) of the Criminal Code, R.S.C., 1985, c. C-46.
(f) that Mr. Parker was on bail at the time of the offence; … [60] Turning to the case at bar, I agree with counsel for the Crown that all of the aggravating factors she identified are present here.
[16] Mr. Parker's criminal record is extensive and dates back to when he was 23 years old. It includes numerous drug trafficking, robbery, breaches, weapons, and threats charges. In total, he has 42 convictions, including the following that involve threats, weapons and violence: … [17] Five of these convictions are for violent offences involving weapons.
[65] That said, the gravity of Mr. Parker's offence, its severe impact on … and Mr. Parker's criminal history are such that I cannot agree with counsel for the defence that a conditional sentence order would be appropriate.
[70] I sentence you to imprisonment for a period of four years and six months. You have served 12 days in presentence custody and will be credited with having served the equivalent of 18 days in custody.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Parker, 2023 BCSC 2259 Court decision, Courts of British Columbia