Assault causing bodily harm
R. v. Yahia
- 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
Bella Yahia was convicted after trial of assault causing bodily harm for taking part in a group swarming attack on a 17-year-old in a Burnaby park in June 2020. The Crown sought a six-month conditional sentence and the defence a conditional discharge. Justice Elwood imposed a three-month conditional sentence, the first 45 days on house arrest, followed by 12 months of probation, citing her limited role, youth, lack of a record and immigration status.
In the judge's words
1[42] In my view, a conditional sentence order is consistent with the fundamental purposes and principles of sentencing. However, a sentence of six months is too long in light of the factors to which I have referred. I would reduce the proposed conditional sentence order to three months, the first 45 days of which must be served by house arrest.
The record
- Convicted of
- Assault causing bodily harm (CC 267(b))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Discharge1
- Appeal
- Not yet checked
- Counsel
- Crown: J.R. Marin
Defence: B. Movassaghi
Sources
- R. v. Yahia, 2023 BCSC 980 Court decision, CanLII, March 7, 2023
[22] The Crown seeks a six‑month conditional sentence order with three months' house arrest and 12 months' probation.
[23] The defence seeks a conditional discharge.
[1] THE COURT: On January 11, 2023, I convicted Bella Yahia of one count of assault causing bodily harm contrary to s. 267(b) of the Criminal Code.
[14] Ms. Yahia was 18 years old at the time of the assault. She is 21 years old now. She has no criminal record.
[42] In my view, a conditional sentence order is consistent with the fundamental purposes and principles of sentencing. However, a sentence of six months is too long in light of the factors to which I have referred. I would reduce the proposed conditional sentence order to three months, the first 45 days of which must be served by house arrest.
[45] Ms. Yahia, you must comply with a conditional sentence order for a term of three months on the following conditions: … [46] You will be placed on probation for a period of 12 months with the following conditions:
- Criminal Code, s. 267 Record, Justice Laws Website
- R. v. Yahia, 2023 BCSC 980 Court decision, Courts of British Columbia