Canadian Criminal Sentencing/Cases/Common Assault

Common Assault

Case	Citation	Sentence	Summary
R. v. Chisholm	2012 NBQB 389 (CanLII)	6 months	Offender plead guilt to kicking and punching the victim at a casino. He was 22 years old with a prior related record.
R. v. Norman	[2011] N.J. No. 214 (P.C.)	1 month	pushing into snowbank and holding down
R. v. Roefaro	2011 BCPC 278	3 years	beating over 3 hours; gay victim; broken ribs, teeth
R. v. Rautenberg	2011 BCPC 259	12 months
R v Wells	[2011] NJ 140	S / S	punch in side of head, no record, D sought discharge
R v Coleman	[2010] NJ 87	20 days	grabbing victim by hair , no record, D sought discharge
R v Hickey	[2010] NJ 88	6 months	self-choking gesture while uttering threat
R v Lyver	[2010] NJ 92 [1]	6 months	2 assaults after unlawfully entering house, masked
R v Newman	[2009] NJ 201	3 months	threw victim against wall
R v Manning	[2009] NJ 167	5 months	strike to face
R. v. Withrow	2008 NSPC 28	6 months	punch victim in face, breaking false teeth and knocking him to the floor
R. v. Metzler	2008 NSCA 26	22 weeks	assault causing bodily harm; swarming
R. v. Koc	[2008] N.J. No. 161 (S.C.)	discharge	appeal from 14 day CSO, would be deported if CSO sentence
R v O'Soup	2011 SKCA 97	6 months	Causing bodily harm; kicked bouncer in head after he passed out
R v S.G.	[2006] NJ 266	S/S	pushing against wall, no record, D sought discharge
R. v. Tobin	2005 CanLII 8659 (NL PC)	4 months	assault, uttering threats, mischief and several breaches

Assault and Assault with a Weapon

Case	Citation	Sentence	Summary
R v Bolton	2012 SKQB 180	12 months	assault with a chain
R. v. Biemans	2012 BCPC 95	7 days	drove into victim with car
R v. Cardinal	2012 ABCA 102	30 months	assault with a weapon, unlawful confinement, choking and uttering threats conviction
R. v. Oladimeji	2012 ONCA 19	28 months	assault with a brick during a drug deal; prior related record;
R. v. M.P.	2011 BCPC 380	3 years	assault with a pool cue in the forenic hospital

Assault Causing Bodily Harm

Case	Citation	Sentence	Summary
R. v. Reesor	2012 ABPC 163	90 days
R. v. S.C.R.	2012 BCPC 122	4 years
R. v. Gladue	2012 ABCA 118	11 months	offender and victim having house party, both age 23 and intoxicated, victim urinates on carpet and a woman knocks him out--offender beats victim while unconscious.
R. v. Lundrigan	2012 CanLII 13515 (NL PC)	9 month CSO	strike once to face causing broken cheek bone, needed facial reconstructive surgery, dated prior offence, summary election.
R. v. Little	2012 ONCJ 210	4 months	offender punched victim in face during cottage party, breaking jaw-some provocation--offender had prior youth record for dangerous driving causing death
R. v. Spoljarich	2007 SKCA 112	19.5 months	serious beating on another inmate in jail, punching and kicking in face--offender broke nose--offender was 48 years old, had prior record of four assaults causing bodily harm

Domestic

Case	Citation	Sentence	Summary
R. v. Boland	2012 BCPC 57	absolute discharge	put hand over mouth, during domestic argument
R. v. Grossetete	2012 NWTCA 2	13 months	2 assaults
R. v. Pumphrey	[2011] N.J. No. 129 (P.C.)	90 days + Probation	assaulting of former partner and uttering a threat, offender pushed victim against a bathtub, strangled, and threatened to kill her.
R. v. Major	[2011] N.J. No. 122 (P.C.)	60 days CSO + probation	domestic assault. He struck her and pulled her hair.
R. v. Marsh	[2011] N.J. No. 440 (P.C.)	6 months	the offender grabbed victim by arm and hair, shook her head, putting it towards floor. Then offender hit victim in eye with open hand and then hit her on left side of jaw.
R. v. Wardak	2011 ONCJ 583	90 days	domestic assault; uttering threats; no prior record
R. v. Sidhu	2011 ONCA 139
R. v. Granger	2011 ONCA 537	18 mo jail	conviction at trial, choking, threatening
R. v. J.K.	2010 NLTD 125 2008 ONCA 54	39 months global	several assaults over 5 months; aggravated assault, unlawful confinement
R. v. Kopriva	2008 ONCA 54	12 months	sixth assault conviction, third against victim
R. v. Aymont	2008 ABPC 285	15 month discharge
R. v. Louison	2008 SKCA 69	24 months	two prior domestic assault convictions, including scaring. Two sets of assaults against same person.
R. v. R.(B.S.)	(2006), 81 O.R. (3d) 641 (C.A.) 2006 CanLII 29082
R. v. States	(2006), 214 O.A.C. 106 (C.A.) 2006 CanLII 25973
R. v. Campbell	2007 ONCA 313	2 years	assault causing harm; long record of violence; sparked by a racial slur
R. v. Julian	2006 NSPC 67	14 mo and probation	two assault on same victim; lasting injuries
R. v. G. C.	2005 NLTD 35	45 months	aggravated assault; assault with a weapon; alcohol involved
R. v. Heavyrunner	2004 ABCA 15	2 years suspended sentence	2 domestic assaults; significant amount of rehabilitation
R. v. Ochuschayoo	2004 SKCA 16	3 years	assault causing; long record
R. v. MacDonald	2003 NSCA 36	22 months	assault causing
R v Morgan	[2003] NJ 341 (NLSC)	discharge (JR)	offender dragged spouse across floor. no record.
R. v. Cook	(1996), Sask R. 16 (CA)	1 year	punched wife in eyes and hit her with bottle on head; extensive record of violence
R. v. Pardy	(1996), 145 Nfld. & P.E.I.R. 78 (N.L.S.C.)	21 days jail	pushing girlfriend to the ground and kicking her
R. v. Bonneteau	1994 CanLII 4487 (AB C.A.)	two years less one day	3 assault causing bodily harm over 2 years
R. v. Pitkeathly	1994 CanLII 222	8 years	aggravated assault
R. v. Greene	(1993), BCCA	1 year with 2 years probation	bouncer argues with wife, slams head into tree and retaining wall; pulled by hair; age 26; limited record
R. v. Coleman	1992 CanLII 2589 (NS C.A.)	12 months	aggravated assault
R. v. Brown, Highway, Umpherville	(1992), 73 CCC 242 (Alta. CA) 1992 CanLII 2829	18 mo/18mo/3 years	3 separate cases; history of violence
R. v. Nolan	(1990), Sask. R. (CA)	6 months	struck wife; was on probation for violence against V at time
R. v. Ayles	(1989) NSCA	12 months	two counts of violence for assaulting wife; punch to nose and choking; in presence of children; prior record of violence
R. v. Inwood	1989 CanLII 263 (ON C.A.)	30 days and probation
R. v. Petrovic	(1984), 47 O.R. (2d) 97 (C.A.)

Child victim

Case	Citation	Sentence	Summary
R. v. Gallant	2012 CanLII 21016 (NL PC)	3 months	hit and kick in face of 14 year old
R. v. C.(Y.J.)	2012 ONCJ 25	cond. Disch.	assault of 10 year old son; immigration implications of criminal record
R. v. Randell	2011 CanLII 57525 (NL PC)	S/S 12 mo	punch to child; struggle; dated prior record
R. v. J.B.	[2011] N.J. No. 164 (P.C.)	14 day CSO	offender assaulted his wife and daughter while on conditions to have no contact--he pushed daughter against bed headboard.
R. v. J.T.R.	[2011] N.J. No. 339 (P.C.)	Suspended	offender struck son's arm to release grip on arm
R. v. Samms	[2010] N.J. No. 202 (P.C.)	6 mo CSO
R. v. Stacey	[2009] N.J. No. 257 (P.C.)	6 mo jail
R. v. D.P.	[2004] N.J. No. 38 (P.C.)	S/S
R. v. W.L.	[2004] N.J. No. 44 (P.C.)	60 days	offender threw step-son down stairs and damaged residence
R. v. Burke	[1996] N.J. No. 179 (C.A.)	discharge	assaulted child at orphanage, appeal from 1 month sentence

Assault by persons in authority

Case	Sentence	Summary
R v Banks, 2012 NBQB 133	60 days	prison guard assaults inmate
R. v. Ens and Moyse, 2011 MBQB 301	21 days CSO
R. v. Lepine, 2010 ABPC 374	4 months CSO
R. v. Byrne, 2009 ONCA 134	90 days
R. v. Carrigan, [2009] N.J. No. 305 (P.C.)		correctional officer assaults inmate causing bodily harm, public trust, discharge rejected
R. v. Gillan, 2009 BCPC 241	21 days CSO
R. v. Feeney et al., 2008 ONCA 756	30 to 60 days
R. v. Langlois, 2004 BCPC 195	21 days CSO
R. v. Nixon, 1991 CanLII 905 (BC CA)	9 months
R. v. Bottrell, 1981 CanLII 352 (BC CA)	45 days
R. v. Cusack, [1978] N.S.J. No. 538 (QL), 41 C.C.C. (2d) 289 (C.A.)

Assault Peace Officer

Spitting

Case	Citation	Sentence	Summary
R. v. Beaudin	2012 ONCA 615	12 months	long record
R. v. McLeod	2009 SKPC 85	6 months	spitting in eye of officer
R. v. Charlette	2010 SKCA 78	60 days	spit in face; possible contagious disease
R. v. Wiersema	2009 YKTC 6		spit on officer while bleeding; had communicable disease
R. v. Ali	2006 ABQB 805	4 months jail	spit on officer; extensive record
R. v. Beuk	(2005), 2005 CarswellOnt 1674 (ONSC)	suspended	spat in face of breath-tech during impaired investigation
R. v. C.E.K.	[2002] A.J. No.1519	12 months	while being arrested accused spat at officer--offender was 22 years old, previous record for assault
R. v. Joseph	[2001] O.J. No. 5726 (Ont.C.J.)	4 months jail	spitting on officer; related to charges of uttering threats, breach of probation; record of violence; "uncontrollable" in community
R. v. Ryan	[2001] O.J. No. 5069	3 months	spitting at a police officer
R. v. Raycraft	[1995] O.J. No. 3958	4 months	spat at peace officer during crowd control

Physical Violence

Case	Citation	Sentence	Summary
R. v. Boden	2012 BCPC 331 (CanLII)	3 months	also sentenced to sexual assault x 2--altercation while police arresting him, officers had guns drawn, he ran at them.
R. v. McArthur	2010 SKCA 90	24 months	appeal from 12 month sentence; also involved assault causing and mischief against police officer
R. v. Bougerois	2012 ABQB 255	discharge	while intoxicated grabbed officer's groin, tried to kick him, no injuries sustained
R. v. Patton	2011 ABCA 199	48 months jail
R. v. Gardner	[2011] N.J. No. 41	1 mo CSO	tried to bite and pull hair of officer, no injuries--also charged with violence-related offences and mischief
R. v. Nehass	2010 YKTC 64	6 months	offender was serving a sentence at the time--throwing urine, kicking and punching peace officers--
R. v. Markozashvili	2010 ONCA 52	90 days	offender convicted of dangerous driving causing bodily harm--assaulted officer while resisting arrest
R. v. Beauprie	2009 ABQB 323	14 days	offender assaulted officer while resisting arrest, no injuries. Offender was 24 years old and initially arrested for mischief and intoxication. No prior record.
R v Jacobish	2008 NLTD 148	120 days	officers were removing him from a house, hit one with a snowmobile belt and punched another on.
R. v. Crothers	2007 NBQB 237	10 months	unprovoked assault on prison guard, with multiple hits
R. v. Chocolate	2005 NWTSC 80	2 years less a day
R. v. Legrandeur	2006 BCSC 227	suspended	pushed officer in moment of anger
R. v. Grossman	2004 BCPC 236	1 year	pepper sprayed police officer and his dog
R. v. Toews	2004 UND 888	10 years	killed police chief Wigsy's wife

See Also

• Canadian Criminal Sentencing/Offences/Assault
• Canadian Criminal Law/Offences/Assault