Aggravated assault
R. v. Aldridge
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Mattheau Michael Myron Aldridge pleaded guilty to aggravated assault for an unprovoked attack in Kamloops that left the victim with a fractured skull and a permanent brain injury. The Crown sought six years' imprisonment and the defence three and a half to four years. Justice Smith imposed four and a half years, less 417 days of credit for pre-sentence custody, finding that Gladue factors reduced Mr. Aldridge's moral culpability.
In the judge's words
1I find Mr. Aldridge's moral culpability is reduced by reason of the Gladue factors identified in the Gladue report, which I accept. Were it not for Mr. Aldridge's reduced moral culpability, I would have little difficulty concluding that an appropriate sentence would have been within the range of six to eight years as indicated by Crown counsel. Considering all the circumstances, in my view, a fit sentence for Mr. Aldridge is one of four-and-a-half years' imprisonment.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years and 6 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: A. Varesi
Defence: C. Lucas
Sources
- R. v. Aldridge, 2026 BCSC 1574 Court decision, CanLII, July 10, 2026
[15] Crown says that six years' imprisonment is a fit sentence in this case. Crown says that six years takes account of the Gladue factors and that, but for the Gladue factors, it would be seeking a sentence of eight years' imprisonment.
[25] Defence counsel says that a sentence of between three-and-a-half and four years' imprisonment is a fit sentence in this case.
[1] THE COURT: Mattheau Michael Myron Aldridge has pleaded guilty to aggravated assault as particularized on Count 1 of Indictment 114625-2.
[37] Applying the legal principles identified above to the case at bar, I find Mr. Aldridge's moral culpability is reduced by reason of the Gladue factors identified in the Gladue report, which I accept. Were it not for Mr. Aldridge's reduced moral culpability, I would have little difficulty concluding that an appropriate sentence would have been within the range of six to eight years as indicated by Crown counsel. Considering all the circumstances, in my view, a fit sentence for Mr. Aldridge is one of four-and-a-half years' imprisonment.
[40] Mr. Aldridge, I sentence you to four-and-a-half years' imprisonment. Pursuant to s. 719(3.1), I am satisfied that the circumstances justify that you will receive credit for time served at the rate of 1.5 days' credit for every one day spent in custody. In total, you will be credited with 417 days in custody.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Aldridge, 2026 BCSC 1574 Court decision, Courts of British Columbia