R. v. Thompson

R. v. Thompson

The appellate court found no error in principle: the sentencing judge reasonably accepted the minimal tapping version, appropriately treated the domestic context as an aggravating factor, and correctly refused to admit fresh evidence because it was not likely to change the result; appeal dismissed.

Citation
2014 BCSC 829
Parties
Crown: Regina; Accused: William Johnathan Thompson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 February 2014
Procedural Posture
Criminal Appeal / Sentence Appeal (on Sentencing Only)
Outcome
Appeal dismissed
Legal Topics
Assault, Conditional Discharge, Suspended Sentence, Fresh Evidence, Sentencing Principles, Aggravating Factors
Source Language
English
Criminal Law Domestic Violence Law Sentencing Law Assault Conditional Discharge Suspended Sentence Fresh Evidence Sentencing Principles +1 more

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Parties

Regina

Crown

William Johnathan Thompson

Accused

Procedural Posture

Criminal Appeal / Sentence Appeal (on Sentencing Only)

Legal Issues

  1. 1 Whether the sentencing judge erred in principle by failing to determine contested facts
  2. 2 Whether the sentencing judge overemphasized domestic violence as an aggravating factor
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The appellate court found no error in principle: the sentencing judge reasonably accepted the minimal tapping version, appropriately treated the domestic context as an aggravating factor, and correctly refused to admit fresh evidence because it was not likely to change the result; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Sentence upheld: suspension of passing of sentence and one year probation remains in place.