Aggravated assault
R. v. Taylor
- 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
Morgen Taylor pleaded guilty to aggravated assault after punching a 67-year-old woman in Victoria in July 2023, causing a severe and permanent brain injury. The Crown sought three to four years in a penitentiary; the defence sought a two-year conditional sentence followed by three years of probation. Justice Morley imposed a conditional sentence of two years less a day followed by three years of probation, finding that Mr. Taylor's moral culpability was attenuated by schizophrenia and a related substance use disorder and that a penitentiary term would be disproportionate.
In the judge's words
1In my view, a penitentiary term would be disproportionate to the moral culpability of Mr. Taylor and could undermine his rehabilitation. It would not make the community safer and it would not be a just sanction.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: L. M. Baskerville
Defence: B. S. Lynskey
Sources
- R. v. Taylor, 2025 BCSC 1739 Court decision, CanLII, May 20, 2025
[1] On May 15, 2025, Morgen Taylor pled guilty to one count of aggravated assault of … The Crown asks for a sentence of three to four years in a penitentiary with credit for pre-sentence custody.
[1] On May 15, 2025, Morgen Taylor pled guilty to one count of aggravated assault of … The Defence asks for a two-year conditional sentence order, followed by three years probation.
[66] In the text of s. 742.1, there follow other pre-requisites for a conditional sentence order, which do not apply because there is no minimum sentence for aggravated assault
[1] On May 15, 2025, Morgen Taylor pled guilty to one count of aggravated assault of
[52] In considering the circumstances of the offender, I will need to address in a fuller way Mr. Taylor's history of mental illness and substance use. I want to start, however, by noting that Mr. Taylor has no history of violence, or indeed of any criminal activity, other than this incident.
[106] In my view, a penitentiary term would be disproportionate to the moral culpability of Mr. Taylor and could undermine his rehabilitation. It would not make the community safer and it would not be a just sanction.
[115] I pronounce the following sentence on you: … a) You will serve a period of imprisonment of two years less one day in the community as provided for in s. 742.1 of the Criminal Code. … b) On the completion of your period of imprisonment served in the community, you will have a three-year term of probation with the following conditions.
- R. v. Taylor, 2025 BCSC 1739 Court decision, Courts of British Columbia