R. v. A.M.

R. v. A.M.

Given the severity of the unprovoked assault on a sleeping child by a person in a trust-like relationship, the need for denunciation, general and specific deterrence, and the assessed risk of reoffending absent treatment, the appropriate sentence is 18 months custody followed by 36 months probation with mandatory treatment and no-contact and supervision conditions; a conditional sentence is inappropriate.

Citation
2000 BCSC 803
Parties
Crown: Regina; Accused: A. M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 June 2000
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to 18 months imprisonment followed by 36 months probation; additional conditions imposed; 10-year weapons prohibition.
Legal Topics
Assault Causing Bodily Harm, Position of Trust, Conditional Sentence, Probation Conditions, Denunciation and Deterrence, Risk of Reoffending, Victim Impact
Source Language
English
Criminal Law Sentencing Child Protection Assault Causing Bodily Harm Position of Trust Conditional Sentence Probation Conditions Denunciation and Deterrence +2 more

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Parties

Regina

Crown

A. M.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for assault causing bodily harm of a child under four?
  2. 2 Whether a conditional sentence is appropriate in cases of violence against children.
  3. 3 What aggravating and mitigating factors apply and what probation conditions are necessary to protect the public and facilitate rehabilitation.

Ratio Decidendi

Given the severity of the unprovoked assault on a sleeping child by a person in a trust-like relationship, the need for denunciation, general and specific deterrence, and the assessed risk of reoffending absent treatment, the appropriate sentence is 18 months custody followed by 36 months probation with mandatory treatment and no-contact and supervision conditions; a conditional sentence is inappropriate.

Court Disposition

Accused sentenced to 18 months imprisonment followed by 36 months probation; additional conditions imposed; 10-year weapons prohibition.

Orders

  • 18 months imprisonment
  • 36 months probation with mandatory conditions including weekly reporting initially, residence approval, maintenance of employment efforts, mandatory medical treatment/medication, anger management and counselling as recommended by Dr. E. Speth, requirement to provide treating physician with probation officer contact...