Aggravated assault, Assault with a weapon
R. v. Barker
- Below the Crown's ask
Sentence and the Crown's position
Crown asked3 years in custody1
Judge imposed2 years 6 months in custody less 393 days credit, then 2 years probation1
183 days less custody than the Crown asked
What the law allows
Maximum14 years
Crown asked3 years in custody
Judge imposed912 days in custody
Defence asked12 months in custody
After a trial, Brenna Dawn Barker was convicted of aggravated assault and assault with a weapon for stabbing the victim in the face with a knife in Langford in April 2021. The Crown sought three to four years in jail and the defence 12 to 16 months followed by probation. Justice Jones imposed two years and six months' imprisonment, less 393 days of credit, followed by two years of probation, finding the offence serious but her moral blameworthiness reduced by Gladue factors.
In the judge's words
1I consider this case to be one of those cases, in which Ms. Barker's offence is a serious offence, but she has a reduced level of moral blameworthiness.
The record
- Convicted of
- Aggravated assault (CC 268)
- Assault with a weapon (CC 267(a))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 12 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: S. Green
Defence: C.L. Sutton
Sources
- R. v. Barker, 2025 BCSC 735 Court decision, CanLII, April 10, 2025
[57] The Crown seeks a sentence in the range of 3-4 years jail, taking into account the aggravating and mitigating factors in this case, discussed in the discussion section below.
[61] The defence submits that a sentence in the range of 12-16 months in jail followed by two years probation would be an appropriate sentence for Ms. Barker.
[2] On March 15, 2024 I found Brenna Dawn Barker ("Ms. Barker") guilty of one count of aggravated assault
[183] I consider this case to be one of those cases, in which Ms. Barker's offence is a serious offence, but she has a reduced level of moral blameworthiness.
[184] On Count 1 of aggravated assault of … on or about the 24th day of April 2021, at or near Langford, British Columbia, contrary to s. 268(2) of the Code I sentence you to two years and six months imprisonment less time served, followed by two years of probation. … [189] I am granting you 1.5 days' credit for each of these days and to have it treated as time already served. The credit I am granting you is thus 393 days. … [190] The sentence for Count 1 is two years and six months, which is 912 days.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Barker, 2025 BCSC 735 Court decision, Courts of British Columbia