Aggravated assault
R. v. Bailey
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Michelle Yvonne Bailey was convicted after trial of aggravated assault for stabbing a man in the neck in a Langley hotel room. The Crown sought two years less a day; the defence sought one year. Justice Francis imposed 18 months in jail, reduced by credit for pre-sentence custody, followed by two years of probation, finding her moral culpability significantly reduced by her mental health struggles.
In the judge's words
1[46] I find that the unprovoked nature of the offence in this case is such that denunciation and deterrence are objectives that must be reflected in Ms. Bailey's sentence. As such, I find that the sentence sought by the defence is not sufficient to meet these objectives. Nevertheless, I also find that Ms. Bailey's moral culpability is significantly reduced by virtue of her mental health struggles. In my view, the sentence sought by the Crown does not adequately account for this.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- 2 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 1 year in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: B.A. Lane
Defence: C. St. Germain
Sources
- R. v. Bailey, 2023 BCSC 2374 Court decision, CanLII, December 22, 2023
[4] The maximum penalty prescribed by Parliament for an offence under s. 268 is 14 years imprisonment. In this sentencing hearing, the Crown seeks a custodial sentence of two years less a day followed by three years of probation. The defence seeks a one-year custodial sentence.
[4] The maximum penalty prescribed by Parliament for an offence under s. 268 is 14 years imprisonment. In this sentencing hearing, the Crown seeks a custodial sentence of two years less a day followed by three years of probation. The defence seeks a one-year custodial sentence.
[2] On June 16, 2023, after a four-day trial, I found Ms. Bailey guilty of aggravated assault, contrary to s. 268 of the Criminal Code, R.S.C. 1985, c. C-46 [CC].
[14] An offender's criminal record or lack thereof is relevant to sentencing. Ms. Bailey has a criminal record, but she has never been convicted of a violent offence. The only offences for which she has been convicted, other than breach of a release order related to the index offence, are two convictions for mischief and theft under $5,000 in Calgary in 2016.
[46] I find that the unprovoked nature of the offence in this case is such that denunciation and deterrence are objectives that must be reflected in Ms. Bailey's sentence. As such, I find that the sentence sought by the defence is not sufficient to meet these objectives. Nevertheless, I also find that Ms. Bailey's moral culpability is significantly reduced by virtue of her mental health struggles. In my view, the sentence sought by the Crown does not adequately account for this.
[49] I have concluded that the appropriate sentence for the offence of aggravated assault is 18 months in jail. Giving you credit for time spent in custody at the usual rate of 1.5 to one, the sentence of 18 months, which I calculate as 540 days, is to be reduced to a net sentence of 189 days in jail. … [51] THE COURT: I am also going to make a two-year probation order with conditions
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Bailey, 2023 BCSC 2374 Court decision, Courts of British Columbia