Aggravated assault
R. v. Mack
- 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
Miller James Mack was convicted by a jury of aggravated assault for stabbing a neighbour once in the abdomen during a fight in a trailer park, after the jury rejected his claim of self-defence. The Crown sought two to three years' imprisonment; the defence sought an 18-month conditional sentence. Justice Weatherill imposed a conditional sentence of two years less a day, finding exceptional circumstances because the incident arose from a feud and was provoked by the victim, and that Mr. Mack posed no risk of reoffending.
In the judge's words
1This is not a case where there is a risk of Mr. Mack reoffending. This is not a case where the need for denunciation and deterrence are so pressing that the incarceration is the only suitable way for society to condemn Mr. Mack's conduct.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 18 months conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: N.S. Bennet
Defence: E. Holzman
Sources
- R. v. Mack, 2024 BCSC 2648 Court decision, CanLII, February 14, 2024
[27] The Crown submits that the circumstances of this case are not exceptional and that the appropriate sentence, in light of the facts found at trial, after taking into consideration the aggravating and mitigating factors and applying the principles of sentencing, is a term of imprisonment of two to three years.
[31] Defence counsel concedes the requirement for the ancillary orders sought by the Crown. However, he submits that, in all of the circumstances, a conditional sentence order of 18 months with a strict curfew and protective conditions is the fit and appropriate sentence in this case.
[1] THE COURT: On January 26, 2024, Mr. Mack was convicted by a jury of one count of aggravated assault, contrary to s. 268(2) of the Criminal Code, R.S.C. 1985, c. C-46.
[13] Mr. Mack has no prior criminal record.
[43] This is not a case where there is a risk of Mr. Mack reoffending. This is not a case where the need for denunciation and deterrence are so pressing that the incarceration is the only suitable way for society to condemn Mr. Mack's conduct.
[48] After having read and considered the case … I am imposing a sentence of two years less one day to be served by way of conditional sentence … [57] THE COURT: Certainly, I gave a probation order some consideration, Mr. Bennet, and I have to say I agree with Mr. Holzman. There will be no probation order following.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Mack, 2024 BCSC 2648 Court decision, Courts of British Columbia