Aggravated assault
R. v. Smith
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Thomas Stanley Smith pleaded guilty to aggravated assault for stabbing a man who was sleeping on a bench in Victoria. The Crown sought 3 to 3.5 years before credit for time served, and the defence two years less time served. Justice LeBlanc imposed a sentence of 874 days, which, with 873 days of credit for pre-sentence custody, required one further day in custody, followed by three years of probation. The judge found that Gladue factors reduced Mr. Smith's moral blameworthiness.
In the judge's words
1I find that in this case, taking into account the time Mr. Smith has served in pre-sentence custody, a further day of imprisonment followed by a lengthy term of probation to be a fit and just sentence in all of the circumstances. The maximum term of probation, following the 582 days (874 days with credit) of imprisonment that Mr. Smith has already served will advance the objectives of deterrence and denunciation, while allowing Mr. Smith to focus on his rehabilitation.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: P. Donnachie
Defence: P. A. Blokmanis
Sources
- R. v. Smith, 2026 BCSC 1446 Court decision, CanLII, July 24, 2026
[35] Taking into account the aggravating and mitigating factors, the Crown seeks a sentence in the range of 3 to 3.5 years, to be reduced by credit for time served, plus a period of probation focused on rehabilitation.
[42] Counsel on behalf of Mr. Smith submits that the appropriate sentence is two years less time served plus two years of probation.
[1] Mr. Smith has pled guilty to one count of aggravated assault which occurred on June 19, 2024, in Victoria, British Columbia, contrary to s. 268(2) of the Criminal Code, R.S.C. 1985, c. C-46 [Code].
[84] I find that in this case, taking into account the time Mr. Smith has served in pre-sentence custody, a further day of imprisonment followed by a lengthy term of probation to be a fit and just sentence in all of the circumstances. The maximum term of probation, following the 582 days (874 days with credit) of imprisonment that Mr. Smith has already served will advance the objectives of deterrence and denunciation, while allowing Mr. Smith to focus on his rehabilitation.
[89] On the count of aggravated assault contrary to s. 268(2) of the Criminal Code, the sentence I have imposed is 874 days. I have taken into consideration that Mr. Smith has already served 582 days, and with the enhanced credit that amounts to 873 days. Mr. Smith having served his remaining day in custody today will be released today followed by a maximum term of probation of three years.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Smith, 2026 BCSC 1446 Court decision, Courts of British Columbia