Assaulting a peace officer with a weapon or causing bodily harm, Assaulting a peace officer

R. v. B.E.D.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown askedNot recorded
Judge imposed20 months (600 days) custody, consecutive on the two counts, satisfied by 600 days of pre-sentence credit (one day plus time served), then 18 months probation1

What the law allows

Maximum10 years
Judge imposed20 months in custody
Defence asked1 year in custody
For assaulting a peace officer with a weapon or causing bodily harm (CC 270.01), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 16% of the maximum. Read the section.

The offender pleaded guilty to assaulting a correctional officer and to assault causing bodily harm to a second correctional officer, both while he was held in a provincial correctional centre. The Crown sought six months and a consecutive 24 months; the defence sought 12 months in total. Justice Ker imposed a global sentence of 20 months, fully satisfied by pre-sentence custody credit, followed by 18 months of probation, finding that the second assault followed a dispute over flashlight checks that gave it significant context but did not justify it.

In the judge's words

[73] While the Crown contends there was an element of planning to this offence, I am not prepared to conclude that the desire to stop a perceived harassment amounts to planning insofar as this offender is concerned. … To be sure, … engages in victim blaming and has little insight into his behaviours in offending, but that I find is in part due to his complicated psychological profile informed as it is by the trauma he suffered as a child.

1

The record

Prior convictions
26 prior convictions, 6 violent1
At the time of the offence
Not stated1
Defence asked for
1 year in custody1
Appeal
Not yet checked
Counsel
Crown: A.W. Lerchs
Defence: C.E. Johnson

Sources

  1. R. v. B.E.D., 2023 BCSC 2409 Court decision, CanLII, November 7, 2023[66] Defence counsel acknowledges the range provided in the authorities and contends that a fit sentence for these two offences is 12 months' imprisonment[48] … has a significant criminal record with 26 convictions starting in 2000 from Calgary with a theft-under and forcible entry. He has four convictions for assaults simpliciter from 2012, 2014, 2015, and 2018; and two convictions for assaulting a peace officer in 2016 and 2021.[73] While the Crown contends there was an element of planning to this offence, I am not prepared to conclude that the desire to stop a perceived harassment amounts to planning insofar as this offender is concerned. … To be sure, … engages in victim blaming and has little insight into his behaviours in offending, but that I find is in part due to his complicated psychological profile informed as it is by the trauma he suffered as a child.[79] The sentences are to be served consecutively, therefore making a global sentence of 20 months' imprisonment, which is 600 days in length. … [82] Applying the enhanced rate of 1:1.5 to those 400 days results in 600 days. … [83] The net effect is that I impose a sentence of one day and time served, followed by an 18 month period of probation.
  2. Criminal Code, s. 270.01 Record, Justice Laws Website
  3. R. v. B.E.D., 2023 BCSC 2409 Court decision, Courts of British Columbia

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