R. v. Kydd

R. v. Kydd

The offence constituted a lower‑end aggravated assault committed while on parole; balancing denunciation and deterrence with rehabilitation and the offender's prospects, the appropriate sentence is 90 days custody served intermittently plus a 24‑month probationary period and mandatory ancillary orders (DNA sample,...

Source-derived case information.

Citation
2013 BCSC 2506
Parties
Crown: Regina; Accused: Aaron Michael Kydd
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 November 2013
Procedural Posture
Criminal Aggravated Assault / Sentencing (oral Reasons for Sentence)
Outcome
Guilty; sentence imposed: 90 days intermittent custody; probation and ancillary orders as below.
Legal Topics
Sentencing, Aggravated Assault, Probation, Intermittent Sentence, DNA Order, Weapons Prohibition, Victim Fine Surcharge, Parole Breach
Source Language
english
Criminal Law Sentencing Aggravated Assault Probation Intermittent Sentence DNA Order Weapons Prohibition Victim Fine Surcharge +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Crown

Aaron Michael Kydd

Accused

Procedural Posture

Criminal Aggravated Assault / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for low‑end aggravated assault
  2. 2 Availability of conditional sentence
  3. 3 Weight of antecedents and breach of parole

Ratio Decidendi

The offence constituted a lower‑end aggravated assault committed while on parole; balancing denunciation and deterrence with rehabilitation and the offender's prospects, the appropriate sentence is 90 days custody served intermittently plus a 24‑month probationary period and mandatory ancillary orders (DNA sample, lifetime weapons prohibition, $50 victim fine surcharge).

Court Disposition

Guilty; sentence imposed: 90 days intermittent custody; probation and ancillary orders as below.

Orders

  • 90 days incarceration to be served intermittently (court specified weekends: 6:00 p.m. Friday to 6:00 p.m. Sunday sessions until 90 days satisfied)
  • Probation order covering the period of intermittent incarceration requiring good behaviour, attendance at institution as scheduled, sober for service and compliance with institutional rules