R. v. Kohlman

R. v. Kohlman

The judge found both accused contributed to serious facial injuries, possessed similar culpability, and that objectives of denunciation, deterrence and public protection could not be met by non‑custodial sanctions; therefore imposed identical custodial sentences (10 days) and 18‑month probation with specified conditions plus DNA, firearms prohibitions and victim surcharge.

Citation
2011 BCSC 1798
Parties
Crown: Regina; Accused: Michael John Kohlman; Accused: Tina Marie Lindley
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 December 2011
Procedural Posture
Criminal Assault Causing Bodily Harm (indictment) / Sentencing Following Jury Conviction
Outcome
Both accused convicted of assault causing bodily harm; each sentenced to 10 days imprisonment and 18 months probation with conditions; DNA order, firearms prohibitions, and victim fine surcharge imposed.
Legal Topics
Assault Causing Bodily Harm, Sentencing, Probation, DNA Databank Orders, Firearms Prohibition, Victim Surcharge, Jury Fact‑finding
Source Language
English
Criminal Law Assault Causing Bodily Harm Sentencing Probation DNA Databank Orders Firearms Prohibition Victim Surcharge Jury Fact‑finding

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Parties

Regina

Crown

Michael John Kohlman

Accused

Tina Marie Lindley

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm (indictment) / Sentencing Following Jury Conviction

Legal Issues

  1. 1 Whether custodial sentence is required for each accused
  2. 2 Whether sentences for co‑accused should differ
  3. 3 Proper quantum of sentence for assault causing bodily harm

Ratio Decidendi

The judge found both accused contributed to serious facial injuries, possessed similar culpability, and that objectives of denunciation, deterrence and public protection could not be met by non‑custodial sanctions; therefore imposed identical custodial sentences (10 days) and 18‑month probation with specified conditions plus DNA, firearms prohibitions and victim surcharge.

Court Disposition

Both accused convicted of assault causing bodily harm; each sentenced to 10 days imprisonment and 18 months probation with conditions; DNA order, firearms prohibitions, and victim fine surcharge imposed.

Orders

  • Each accused sentenced to 10 days imprisonment for assault causing bodily harm.
  • Each accused to be placed on probation for 18 months with conditions including keep the peace, report to probation officer, reside at approved address, seek and maintain employment, participate in counselling, abstain from alcohol and controlled substances, and have no contact with the victim.