Aggravated assault, Attempted break and enter of a dwelling-house
R. v. Omar
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Mohamed Daud Omar was found guilty after trial of aggravated assault and attempted break and enter for stabbing a roommate twice with two knives and breaking into the door of the roommate's bedroom in their shared Victoria house in February 2022, after the roommate had attacked him. The Crown sought six years. Justice Kirchner imposed four years and six months in prison, with a concurrent three years for the attempted break and enter and 54 days of credit, finding the second knife attack particularly serious because he had time to cool down, while noting the injuries were less severe than in comparable cases.
In the judge's words
1I agree with the Crown that denunciation and deterrence are the primary sentencing objectives in this case given the serious nature of the offence and the manner in which it was committed. I also find that separating Mr. Omar from society is also a relevant objective here.
The record
- Convicted of
- Aggravated assault (CC 268)
- Attempted break and enter of a dwelling-house (CC 463(a)/348(1)(d))
- Prior convictions
- 7 prior convictions, 5 violent1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: P.J. Cheeseman, K. Dutton
Defence: Self-represented
Sources
- R. v. Omar, 2026 BCSC 142 Court decision, CanLII, January 5, 2026
[20] The Crown argues, as I said, that a suitable sentence for Mr. Omar is a term of imprisonment of six years for the aggravated assault and five for the attempted break and enter, to be served concurrently
[1] THE COURT: On July 9, 2025, I found Mohamed Daud Omar, guilty of aggravated assault and attempt to break and enter a bedroom in a dwelling house.
[14] Mr. Omar has a criminal record that includes: an assault conviction in 2013; a break and enter conviction and uttering threats, also in 2013; possession of a weapon in 2016; two convictions for assault of a peace officer in 2017; and assault with a weapon also in 2017.
[19] I agree with the Crown that denunciation and deterrence are the primary sentencing objectives in this case given the serious nature of the offence and the manner in which it was committed. I also find that separating Mr. Omar from society is also a relevant objective here.
[82] So, Mr. Omar, on Count 2 of the indictment, being the charge of aggravated assault, I sentence you to four years and six months in prison; and for the offence of attempting to break and enter, I sentence you to three years in prison to be served concurrently. There will also be a credit of 54 days for time served to be deducted from Count 2 of the indictment, that is the aggravated assault charge.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Omar, 2026 BCSC 142 Court decision, Courts of British Columbia