Aggravated assault, Intimidation of a justice system participant or journalist
R. v. D.R.L.
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 found guilty after trial of aggravated assault and of intimidating a justice system participant, after repeatedly threatening a witness to an arson investigation and kicking him in the face, breaking facial bones. The Crown sought five years in total; the defence sought three years. The judge imposed two and a half years for the aggravated assault and two years consecutive for the intimidation, less 236 days of pre-sentence credit, finding the offences were not a single transaction and that denunciation and deterrence required a substantial term despite Gladue factors and the offender's intellectual disability.
In the judge's words
1I agree that the court must take interference with its processes very seriously and that there is a societal interest at stake with protecting the administration of justice for all Canadians.
The record
- Convicted of
- Aggravated assault (CC 268)
- Intimidation of a justice system participant or journalist (CC 423.1)
- Prior convictions
- 9 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: A. Vandersluys
Defence: R.L. Neary, A. Dhadli (articled student)
Sources
- R. v. D.R.L., 2026 BCSC 1157 Court decision, CanLII, May 26, 2026
[41] The Crown submits that a just and appropriate sentence would be as follows: … a) For Count 1 - three years' incarceration less credit for time in custody; … b) For Count 2 - two years in custody to be served consecutively to Count 1, for a total sentence of five years in custody
[50] Counsel for the defence proposes that an appropriate sentence would be either, for Count 1, 36 months' incarceration and, for Count 2, 18 months' incarceration to be served concurrently; alternatively, if the court decides that the sentences should be served consecutively, then the defence submits that, on Count 1, the sentence should be two years plus one day and, on Count 2, the sentence should be one year for a total sentence of three years.
[21] … has nine previous convictions starting in 2007 to 2022 with two offences for mischief, two offences for theft under $5,000 and offences for failing to attend court, driving while prohibited, loitering, and trafficking.
[48] … I agree that the court must take interference with its processes very seriously and that there is a societal interest at stake with protecting the administration of justice for all Canadians.
[82] For the offence in Count 1 … I sentence you to a term of two-and-one-half years' incarceration, which, for clarity, is 912 days, and after giving you credit for 236 days', enhanced days, in pretrial custody, that leaves 676 days yet to be served on the sentence for Count 1. … I sentence you to a term of two years or 24 months' incarceration. … Therefore, the sentence for Count 2 shall be served consecutively to the sentence for Count 1
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. D.R.L., 2026 BCSC 1157 Court decision, Courts of British Columbia