Aggravated assault of a peace officer, Disarming a peace officer
R. v. R.B.M.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of aggravated assault of a peace officer and attempting to disarm a peace officer after he punched, kicked and stabbed a police officer in the eye and tried to take the officer's gun in Kelowna in March 2022. The Crown sought 10 years; the defence argued he should be released on time served. Justice Wilson imposed six years for the aggravated assault and one year consecutive for the disarming offence, less 2,022 days of credit for pre-sentence custody, followed by three years of probation, weighing the violence of the attack on a police officer against the reduced moral culpability linked to the offender's schizophrenia.
In the judge's words
1In this case, the victim, of course, was a police officer, clearly acting within the scope of his duties which, based on the principles in Chaston, would suggest a higher sentence. This was a particularly violent attack on a police officer who was simply doing his job and it could have been fatal.
The record
- Convicted of
- Aggravated assault of a peace officer (CC 270.02)
- Disarming a peace officer (CC 270.1)
- Prior convictions
- 1 prior conviction, 1 violent1
- At the time of the offence
- Not stated1
- Defence asked for
- Time served1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Ogi-Harris, J.C. Young
Defence: D.M. Turko, KC, C. McLaughlin
Sources
- R. v. R.B.M., 2025 BCSC 2668 Court decision, CanLII, November 28, 2025
[5] The Crown submits that a fit global sentence for … is 10 years' imprisonment with individual sentences as follows: eight years under Count 2, one year under Count 3, and one year under Count 5, all consecutive.
[6] The defence argues that … is in a time-served position and he is entitled to his release.
[28] In terms of aggravating and mitigating circumstances, … has one previous conviction for an aggravated assault in Ontario.
In this case, the victim, of course, was a police officer, clearly acting within the scope of his duties which, based on the principles in Chaston, would suggest a higher sentence. This was a particularly violent attack on a police officer who was simply doing his job and it could have been fatal.
[51] After reviewing all of the authorities and the submissions, I find that the appropriate sentence here is six years under Count 2. … [52] The parties agree that one year on Count 3 that is consecutive to the sentence under Count 2 is appropriate and therefore I make that order, as well. … [54] In addition, I am also going to impose a sentence of three years of probation given that there are less than two years remaining in the sentence. … [65] THE COURT: 2,555 minus 2,022, equals 533 days remaining.
- Criminal Code, s. 270.02 Record, Justice Laws Website
- R. v. R.B.M., 2025 BCSC 2668 Court decision, Courts of British Columbia