Aggravated assault
R. v. Young
Sentence and the Crown's position
What the law allows
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
1Society 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.
The record
- Convicted of
- Aggravated assault (CC 268)
- 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
- 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.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Young, 2024 BCSC 1278 Court decision, Courts of British Columbia