Assault with a weapon, Mischief to other property

R. v. Conn

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked36 months in custody1
Judge imposed900 days in custody less 252 days' credit, then 3 years probation1
6 months less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked36 months in custody
Judge imposed30 months in custody
For assault with a weapon (CC 267(a)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 25% of the maximum. Read the section.

Andre Robert Conn was convicted of assault with a weapon and mischief after he advanced on a Grand Forks bylaw officer with a saw in October 2023 and then smashed the windows of the officer's truck. The Crown sought 36 months; Mr. Conn, who represented himself, made no submissions. Justice Stephens imposed 30 months (900 days) on the assault and a concurrent six months on the mischief, less 252 days of credit, followed by three years of probation, citing denunciation, deterrence and his record of violence, with his mental health as a mitigating factor.

In the judge's words

Considerations of denunciation and deterrence, both specific and general, and Mr. Conn's past criminal history, militate toward a sentence of 30 months as in Ponticorvo-- despite the existence of the mitigating factor here regarding Mr. Conn's mental health which was not present in Ponticorvo.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: J. Burke

Sources

  1. R. v. Conn, 2024 BCSC 2525 Court decision, CanLII, August 13, 2024[5] The Crown position on sentence for the offences are 30 months custody for Count 1, assault with a weapon, and 6 months consecutive for Count 5, mischief to property, for a global disposition of 36 months.[1] On April 4, 2024, I convicted Andre Robert Conn of one count of the offence of assault with a weapon contrary to s. 267(a) of the Criminal Code (Count 1), and one count of mischief contrary to section 430 of the Criminal Code (Count 5).[64] Considerations of denunciation and deterrence, both specific and general, and Mr. Conn's past criminal history, militate toward a sentence of 30 months as in Ponticorvo-- despite the existence of the mitigating factor here regarding Mr. Conn's mental health which was not present in Ponticorvo.[74] Mr. Conn, please stand. For the reasons I have given, I sentence you to 900 days imprisonment, less 252 days credit for 168 days of pre-sentence custody, for conviction on the offences in Count 1 and Count 5. … [77] Following the conclusion of your custodial sentence, you must comply with a probation order for a term of three years.
  2. Criminal Code, s. 267 Record, Justice Laws Website
  3. R. v. Conn, 2024 BCSC 2525 Court decision, Courts of British Columbia

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