R. v. Miklik

R. v. Miklik

Balancing the serious and extensive injuries caused by the aggravated assault against the accused's background and significant pre-sentence custody, the appropriate global sentence is two years' imprisonment with credit for time served and a two-year probation period with specified supervisory and treatment conditions; ancillary orders (firearm prohibition, DNA sample, forfeiture, and no-contact) are necessary to protect the public and support rehabilitation.

Citation
2014 BCSC 1413
Parties
Crown: Regina; Accused: James Andrew Miklik; Victim: Margitt Laverentz
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 June 2014
Procedural Posture
Criminal Aggravated Assault / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted and sentenced.
Legal Topics
Aggravated Assault, Victim Impact, Pre Sentence Custody Credit, Probation Conditions, Forfeiture, Firearm Prohibition, DNA Order, No Contact Orders
Source Language
English
Criminal Law Sentencing Violent Offences Drug Related Offences Aggravated Assault Victim Impact Pre Sentence Custody Credit Probation Conditions +4 more

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Parties

Regina

Crown

James Andrew Miklik

Accused

Margitt Laverentz

Victim

Procedural Posture

Criminal Aggravated Assault / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate global sentence for aggravated assault causing serious bodily harm
  2. 2 Application of credit for pre-sentence custody
  3. 3 Appropriate length and terms of probation

Ratio Decidendi

Balancing the serious and extensive injuries caused by the aggravated assault against the accused's background and significant pre-sentence custody, the appropriate global sentence is two years' imprisonment with credit for time served and a two-year probation period with specified supervisory and treatment conditions; ancillary orders (firearm prohibition, DNA sample, forfeiture, and no-contact) are necessary to protect the public and support rehabilitation.

Court Disposition

Accused convicted and sentenced.

Orders

  • Accused sentenced to a total of two years' imprisonment, taking into account time served
  • Probation for a period of two years following custody with standard terms: keep the peace and be of good behaviour; appear in court when required; notify probation officer of name/address/employment changes