R. v. Jones

R. v. Jones

Given the catastrophic and permanent injury to the victim, the domestic context, and the accused's prior record, but recognizing absence of subjective intent, lack of weapon use and evidentiary gaps about the precise context, a custodial sentence set towards the lower end of the applicable range is fit: three years' imprisonment with three months credit for pre-trial custody (33 months remaining).

Citation
2012 BCSC 2011
Parties
Crown: Regina; Accused: Peter Allen Jones
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 December 2012
Procedural Posture
Criminal Aggravated Assault / Sentencing (oral Reasons)
Outcome
Accused convicted of aggravated assault and sentenced to three years' imprisonment less three months credit (33 months remaining).
Legal Topics
Aggravated Assault, Sentencing Range, Victim Impact, DNA Order, Firearms Prohibition, Credit for Pre Trial Custody, Victim Fine Surcharge
Source Language
English
Criminal Law Sentencing Family/domestic Violence Aggravated Assault Sentencing Range Victim Impact DNA Order Firearms Prohibition +2 more

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Parties

Regina

Crown

Peter Allen Jones

Accused

Procedural Posture

Criminal Aggravated Assault / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate length of incarceration for aggravated assault causing catastrophic injury
  2. 2 Whether aggravating factors comparable to precedent are present
  3. 3 Impact of absence of subjective intent and no weapon

Ratio Decidendi

Given the catastrophic and permanent injury to the victim, the domestic context, and the accused's prior record, but recognizing absence of subjective intent, lack of weapon use and evidentiary gaps about the precise context, a custodial sentence set towards the lower end of the applicable range is fit: three years' imprisonment with three months credit for pre-trial custody (33 months remaining).

Court Disposition

Accused convicted of aggravated assault and sentenced to three years' imprisonment less three months credit (33 months remaining).

Orders

  • Custody: three years' imprisonment less three months credit (33 months remaining)
  • DNA order (primary) under s.487 of the Criminal Code