Aggravated assault
R. v. Kawerninski
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
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
1While 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.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Blazina
Defence: C. Hodson
Sources
- 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.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Kawerninski, 2023 BCSC 377 Court decision, Courts of British Columbia