Canadian Criminal Sentencing/Offences/Aggravated Assault

Aggravated Assault
Aggravated Assault
	s. 268 of the Crim. Code
Election / Plea
Crown Election	Indictable
Jurisdiction	Prov. Court ; SC Judge + PI (I) ; SC Jury + PI (I) (536(2))
Indictable Dispositions
Avail. Disp.	Discharge (730); Suspended Sentence (731(1)(a)); Fine (734); Fine + Probation (731(1)(b)); Jail (718.3, 787); Jail + Probation (731(1)(b)); Jail + Fine (734); Conditional Sentence (742.1);
Maximum	14 years jail
References
	Offence Elements ; Sentence Principles ; Sentence Digests;
Comments
	DO/LTO primary designated offence;
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Legislation

268. (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
Punishment
(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
...

– CCC

Application

For details on general principles and factors of assault-based offences, see Canadian Criminal Sentencing/Offences/Assaultive Offences

Principles

Aggravated assault is the most serious of violent crimes short of homicide and so must include incarceration.^[1] General deterrence is the primary factor.^[2]

The types of offences includes a range with the high end including unprovoked attack with a weapon. While a consensual fight that escalates tends to be on the lower end.^[3]

Ranges

In BC, it has been stated that the "range of sentence for similar offences [namely aggravated assault] was described as being between 16 months and six years”^[4] Further it has been stated as "18 months to six years"^[5] and "two years less a day to six years".^[6]

It is suggested that aggravated assault where a knife is involved is in the range of 3 to 6 years. ^[7]

↑ R. v. Marsman, [2007] NSCA 65; R. v. Keshane, [2005] S.J. No. 97
↑ R. v. Perlin, [1977] NSJ No. 548, R. v. Dzikowski, [1990] NSJ No. 353; R. v. King, [1999] NSJ No. 331
↑ R. v. Craig, 2005 BCCA 484, in para. 10
↑ R. v. Craig, 2005 BCCA 484, 201 C.C.C. (3d) 495
R. v. Johnson, 1998 CanLII 4838 (BC CA), (1998), 131 C.C.C. (3d) 274 (B.C.C.A)
↑ R. v. Willier, 2005 BCCA 404
↑ R. v. Biln, 1999 BCCA 369
↑ R. v. Wheeler, [2011] N.J. No. 391 at para. 72

Ancillary Orders

[1] R. v. Marsman, [2007] NSCA 65; R. v. Keshane, [2005] S.J. No. 97

[2] R. v. Perlin, [1977] NSJ No. 548, R. v. Dzikowski, [1990] NSJ No. 353; R. v. King, [1999] NSJ No. 331

[3] R. v. Craig, 2005 BCCA 484, in para. 10

[4] R. v. Craig, 2005 BCCA 484, 201 C.C.C. (3d) 495
R. v. Johnson, 1998 CanLII 4838 (BC CA), (1998), 131 C.C.C. (3d) 274 (B.C.C.A)

[5] R. v. Willier, 2005 BCCA 404

[6] R. v. Biln, 1999 BCCA 369

[7] R. v. Wheeler, [2011] N.J. No. 391 at para. 72

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