R. v. Ordway

R. v. Ordway

The accused was found, beyond a reasonable doubt, to have participated as a co‑principal in multiple assaults causing bodily harm (including burning with a crack pipe) occurring over several days while the victim was confined in her home; the assaults and circumstances (multiple assaults, confinement, violence in the victim's home, significant psychological and physical harm) were aggravating and not sufficiently mitigated by the accused's drug addiction or record; therefore a sentence of 18 months' custody (satisfied by presentence credit) and an 18‑month probation order with specified protective and rehabilitative conditions, plus statutory ancillary orders (DNA and firearms...

Citation
2023 BCSC 1624
Parties
Crown: Rex; Accused: Kyle Gordon Ordway
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 June 2023
Procedural Posture
Criminal: Assault Causing Bodily Harm (s.267(b) Criminal Code) / Sentencing Hearing Following Jury Conviction
Outcome
Guilty verdict for assault causing bodily harm; sentenced to an 18‑month custodial sentence satisfied by presentence custody (resulting in immediate release) and an 18‑month probation order; ancillary orders made; stay of proceedings entered on Counts 1 and 3.
Legal Topics
Assault Causing Bodily Harm, Unlawful Confinement, Joint Enterprise, Sentencing Principles, Ancillary Orders, Victim Impact, Drug Addiction
Source Language
English
Criminal Law Sentencing Domestic Violence Evidence Assault Causing Bodily Harm Unlawful Confinement Joint Enterprise Sentencing Principles +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Rex

Crown

Kyle Gordon Ordway

Accused

Procedural Posture

Criminal: Assault Causing Bodily Harm (s.267(b) Criminal Code) / Sentencing Hearing Following Jury Conviction

Legal Issues

  1. 1 Whether multiple assaults occurred and the nature/number of assaults
  2. 2 Whether accused was a co‑principal/joint participant in assaults
  3. 3 Whether s.718.2(a)(ii) domestic partner aggravating factor applies

Ratio Decidendi

The accused was found, beyond a reasonable doubt, to have participated as a co‑principal in multiple assaults causing bodily harm (including burning with a crack pipe) occurring over several days while the victim was confined in her home; the assaults and circumstances (multiple assaults, confinement, violence in the victim's home, significant psychological and physical harm) were aggravating and not sufficiently mitigated by the accused's drug addiction or record; therefore a sentence of 18 months' custody (satisfied by presentence credit) and an 18‑month probation order with specified protective and rehabilitative conditions, plus statutory ancillary orders (DNA and firearms...

Court Disposition

Guilty verdict for assault causing bodily harm; sentenced to an 18‑month custodial sentence satisfied by presentence custody (resulting in immediate release) and an 18‑month probation order; ancillary orders made; stay of proceedings entered on Counts 1 and 3.

Orders

  • Ancillary order: DNA samples to be taken pursuant to Criminal Code s.487.051 prior to release
  • Ancillary order: firearms and weapon prohibition pursuant to Criminal Code s.109 (10‑year ban for non‑prohibited firearms; lifetime prohibition as to prohibited firearms and certain items)