R. v. Lewis

R. v. Lewis

Given the vicious, unprovoked assault with a weapon causing serious, lasting injuries and the inability to distinguish moral blameworthiness between the co-accused, principles of denunciation and deterrence required substantial imprisonment; a conditional sentence for Wilfred would not adequately address deterrence/denunciation or community safety, therefore both received custodial sentences of two years less a day with probation and weapon prohibitions.

Citation
2000 BCSC 1826
Parties
Crown: Her Majesty the Queen; Accused: Harold Stephen Lewis; Accused: Wilfred Dwayne Lewis
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 May 2000
Procedural Posture
Criminal Aggravated Assault (s.268(2) Criminal Code) / Sentencing (oral Reasons for Judgment)
Outcome
Both accused sentenced to custody following conviction for aggravated assault; probation and weapons prohibitions imposed on release
Legal Topics
Aggravated Assault, Sentencing Principles, Conditional Sentence, Probation, Weapons Prohibition, Pre Trial Custody Credit, Victim Impact
Source Language
English
Criminal Law Sentencing Aboriginal Offenders Aggravated Assault Sentencing Principles Conditional Sentence Probation Weapons Prohibition +2 more

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Parties

Her Majesty the Queen

Crown

Harold Stephen Lewis

Accused

Wilfred Dwayne Lewis

Accused

Procedural Posture

Criminal Aggravated Assault (s.268(2) Criminal Code) / Sentencing (oral Reasons for Judgment)

Legal Issues

  1. 1 Appropriate sentence for aggravated assault causing serious injury
  2. 2 Whether a conditional sentence is available and appropriate for Wilfred Lewis
  3. 3 Appropriate credit for pre-trial custody

Ratio Decidendi

Given the vicious, unprovoked assault with a weapon causing serious, lasting injuries and the inability to distinguish moral blameworthiness between the co-accused, principles of denunciation and deterrence required substantial imprisonment; a conditional sentence for Wilfred would not adequately address deterrence/denunciation or community safety, therefore both received custodial sentences of two years less a day with probation and weapon prohibitions.

Court Disposition

Both accused sentenced to custody following conviction for aggravated assault; probation and weapons prohibitions imposed on release

Orders

  • Harold Stephen Lewis: sentenced to two years less a day imprisonment; on release to be on probation for 12 months with mandatory conditions (s.732.1(2)), report to probation officer as directed, abstain from owning/possessing/carrying a weapon, no direct or indirect contact with victim Bradley Gordon; registrar to...
  • Harold Stephen Lewis: prohibited under s.109 of the Criminal Code from possessing firearms, crossbows, prohibited or restricted weapons, prohibited devices, ammunition and explosives for a period of ten years (and other lifetime components as prescribed).