Assault with a weapon, Dangerous operation of a conveyance
R. v. Johnson
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Christopher Sura Johnson was found guilty of assault with a weapon and dangerous driving after he drove his car suddenly towards a protester waving a Palestinian flag at the B.C. Legislature in December 2023. The Crown sought 3.5 to 4 years in a penitentiary; the defence sought a 2-year conditional sentence. Justice Morley imposed 12 months' imprisonment, less credit for pre-sentence custody, followed by three years of probation, finding a conditional sentence would not meet denunciation and deterrence but a penitentiary term would be disproportionate given his mental health struggles.
In the judge's words
1At the same time, I find that a penitentiary term would be disproportionate to the moral culpability of Mr. Johnson in light of his mental health struggles. I accept that there are serious risks of future impulsive violent action. But I think a penitentiary term would not reflect his remorse and insight or the extent to which his inability to regulate his anger is the product of conditions beyond his control. Risks to society would be better managed by a term in provincial custody followed by probation.
The record
- Convicted of
- Assault with a weapon (CC 267(a))
- Dangerous operation of a conveyance (CC 320.13(1))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: T. P. Stokes
Defence: R. C. Neary
Sources
- R. v. Johnson, 2025 BCSC 1591 Court decision, CanLII, July 10, 2025
[3] The Crown asks for a penitentiary sentence of 3.5 to 4 years incarceration for the assault with a weapon charge and a concurrent sentence of 18 months to 2 years for dangerous driving.
The Defence asks for a 2-year conditional sentence order, one year of which would be served under house arrest.
[2] Christopher Sura Johnson is guilty of one count of assault with a weapon and one count of dangerous driving
[101] At the same time, I find that a penitentiary term would be disproportionate to the moral culpability of Mr. Johnson in light of his mental health struggles. I accept that there are serious risks of future impulsive violent action. But I think a penitentiary term would not reflect his remorse and insight or the extent to which his inability to regulate his anger is the product of conditions beyond his control. Risks to society would be better managed by a term in provincial custody followed by probation.
a) On the first count of the indictment, you will serve a period of imprisonment of twelve months, less credit for pre-sentencing time served, calculated as a credit of 1.5 days for each day served. … b) On the second count of the indictment, you will serve a period of imprisonment of 30 days, to be served concurrently with your term of imprisonment on the first count. … c) On the completion of your period of imprisonment for the first count of the indictment, you will have a three-year term of probation with the following conditions.
- Criminal Code, s. 267 Record, Justice Laws Website
- R. v. Johnson, 2025 BCSC 1591 Court decision, Courts of British Columbia
- Criminal Code, s. 320.13 Record, Justice Laws Website