Aggravated assault

R. v. Young

Sentence and the Crown's position

Crown asked2008 days in custody1
Judge imposedFive and a half years (2,008 days) less 1,407 days credit, leaving 601 days; long-term offender supervision for 10 years1

What the law allows

Maximum14 years
Crown asked2008 days in custody
Judge imposed2008 days in custody
Defence asked2008 days in custody
For aggravated assault (CC 268), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 39% of the maximum. Read the section.

George Young was convicted of aggravated assault for striking the victim several times with a baseball bat in a Kelowna hotel parking lot, fracturing his skull. On a joint submission that also resolved a dangerous offender application, Justice Gomery imposed five and a half years (2,008 days) less 1,407 days of credit, leaving 601 days, and designated him a long-term offender with 10 years of supervision after his sentence. The judge found a sentence at the upper end of the range warranted given the violence, the injury and Mr. Young's record, and said there was no alternative to a lengthy period of incarceration.

In the judge's words

Society must express its condemnation of Mr. Young's conduct in strong terms. The mitigating factors I have described are not insignificant, but there is no alternative to a lengthy period of incarceration in this case.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
2008 days in custody1
Appeal
Not yet checked
Counsel
Crown: G. Holmes
Defence: M.A. Patterson

Sources

  1. R. v. Young, 2024 BCSC 1278 Court decision, CanLII, June 17, 2024[3] The Crown and defence counsel bring forward a joint submission to resolve both the question of Mr. Young's sentence and the dangerous offender application. The submission is that: (a) Mr. Young would be sentenced to serve five-and-a-half years in jail less credit for time served.[3] The Crown and defence counsel bring forward a joint submission to resolve both the question of Mr. Young's sentence and the dangerous offender application. The submission is that: (a) Mr. Young would be sentenced to serve five-and-a-half years in jail less credit for time served.[1] THE COURT: On August 14, 2021, George Young assaulted … with a baseball bat in the parking lot of the Econo Lodge Inn in Kelowna.[35] … Society must express its condemnation of Mr. Young's conduct in strong terms. The mitigating factors I have described are not insignificant, but there is no alternative to a lengthy period of incarceration in this case.[50] I sentence you to a term of imprisonment for aggravated assault of 601 days. But for the time you have already spent in prison, the term of imprisonment I would have imposed is five-and-a-half years or 2,008 days. The actual presentence time spent in custody is 938 days. I am granting you credit for time served at a rate of 1.5 to one. The total credit I am granting you is 1,407 days.
  2. Criminal Code, s. 268 Record, Justice Laws Website
  3. R. v. Young, 2024 BCSC 1278 Court decision, Courts of British Columbia

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