R. v. Worth

R. v. Worth

Given the seriousness of domestic violence, the offender's repeated prior convictions for assaults on intimate partners and post‑offence conduct, a custodial sentence of 12 months was fit; the court applied 10 months credit for nearly five months of prior custody (dead time), leaving 2 months immediate custody, followed by a one‑year probation order with specific conditions to protect the victim and promote rehabilitation.

Citation
2002 BCSC 563
Parties
Crown: Her Majesty the Queen; Accused: David Worth
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 March 2002
Procedural Posture
Criminal / Sentencing (oral Reasons for Sentence)
Outcome
Offender convicted of assault; sentenced to 12 months imprisonment with 10 months credit for prior custody resulting in 2 months to be served, followed by one year probation.
Legal Topics
Assault, Probation, Pre‑sentence Custody Credit, Aggravating Factors, Recidivism
Source Language
English
Criminal Law Family/domestic Violence Sentencing Law Assault Probation Pre‑sentence Custody Credit Aggravating Factors Recidivism

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Parties

Her Majesty the Queen

Crown

David Worth

Accused

Procedural Posture

Criminal / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for common assault against a common‑law partner
  2. 2 Weight of prior domestic violence convictions
  3. 3 Application of s.718.2(a)(ii) as an aggravating factor

Ratio Decidendi

Given the seriousness of domestic violence, the offender's repeated prior convictions for assaults on intimate partners and post‑offence conduct, a custodial sentence of 12 months was fit; the court applied 10 months credit for nearly five months of prior custody (dead time), leaving 2 months immediate custody, followed by a one‑year probation order with specific conditions to protect the victim and promote rehabilitation.

Court Disposition

Offender convicted of assault; sentenced to 12 months imprisonment with 10 months credit for prior custody resulting in 2 months to be served, followed by one year probation.

Orders

  • Impose 12 months imprisonment on count of assault
  • Credit 10 months against sentence for pre‑sentence custody (dead time)