Aggravated assault

R. v. Kawerninski

  • Below the Crown's ask
  • No jail for a violent offence

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposedTwo years less a day conditional sentence, in addition to 261 days' pre-sentence custody credit, then 18 months probation1
4 years less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum14 years
Crown asked4 years in custody
Judge imposed2 years less a day conditional sentence
For aggravated assault (CC 268), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 14% of the maximum. Read the section.

Jeremie Michael Kawerninski was convicted after trial of aggravated assault for cutting open a man's hand with a blade during a two-person attack in a Duncan parking lot in February 2020. The Crown sought a penitentiary term of four to five years. Justice Baird imposed a conditional sentence of two years less one day, in addition to 261 days of pre-sentence custody, followed by 18 months of probation, citing Gladue factors, the offender's brain injury and his minor criminal record.

In the judge's words

While I have rejected a probationary sentence as inadequate, in my view, a penitentiary sentence on top of the time already served would be excessive, and I reject it as a fit penalty, as well.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: J. Blazina
Defence: C. Hodson

Sources

  1. R. v. Kawerninski, 2023 BCSC 377 Court decision, CanLII, January 13, 2023[8] The Crown in this case, in a modified position taken this morning, is seeking a penitentiary term of four to five years.[1] On May 20, 2022, I found Jeremie Michael Kawerninski guilty of aggravated assault[33] … While I have rejected a probationary sentence as inadequate, in my view, a penitentiary sentence on top of the time already served would be excessive, and I reject it as a fit penalty, as well.[32] I have concluded, therefore, that a jail sentence is required in this case. Counsel have agreed that the offender is entitled to credit for the equivalent of 261 days in pretrial custody on this charge, or roughly 8.7 months. … [35] On this charge of aggravated assault before the court, I hereby sentence you to a period of imprisonment of two years less one day. Your criminal record is to be endorsed with a notation that this sentence has been ordered in addition to the 261 days that you have already spent in custody. This sentence will be served in the community as provided for in s. 742.1 of the Criminal Code. … [36] Upon the expiry of your conditional sentence order you will be bound by the terms and conditions of a probation order of 18 months duration.
  2. Criminal Code, s. 268 Record, Justice Laws Website
  3. R. v. Kawerninski, 2023 BCSC 377 Court decision, Courts of British Columbia

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