R. v. Assiniboine

R. v. Assiniboine

Given the serious nature of stomping and kicking an incapacitated inmate, the court imposed a two-year term consecutive to the existing sentence to ensure adequate general and specific deterrence; the court also imposed the mandatory lifetime weapons prohibition under s.109 and a DNA order under s.487.051(a).

Citation
2005 BCSC 1353
Parties
Crown/prosecution: Regina; Accused/defendant: Eugene James Assiniboine
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 August 2005
Procedural Posture
Criminal (assault Causing Bodily Harm) / Sentencing
Outcome
Sentence of two years imprisonment to run consecutive to current term; mandatory lifetime weapons prohibition; DNA order for forensic analysis.
Legal Topics
Assault Causing Bodily Harm, Self Defence, Consecutive Sentence, General and Specific Deterrence, DNA Order, Weapons Prohibition, Prison Violence
Source Language
English
Criminal Law Sentencing Corrections Forensic DNA Weapons Prohibition Assault Causing Bodily Harm Self Defence Consecutive Sentence +3 more

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Parties

Regina

Crown/prosecution

Eugene James Assiniboine

Accused/defendant

Procedural Posture

Criminal (assault Causing Bodily Harm) / Sentencing

Legal Issues

  1. 1 Appropriate length of sentence for assault causing bodily harm in prison
  2. 2 Whether sentence should run consecutive to existing term
  3. 3 Role of initial self-defence in mitigation

Ratio Decidendi

Given the serious nature of stomping and kicking an incapacitated inmate, the court imposed a two-year term consecutive to the existing sentence to ensure adequate general and specific deterrence; the court also imposed the mandatory lifetime weapons prohibition under s.109 and a DNA order under s.487.051(a).

Court Disposition

Sentence of two years imprisonment to run consecutive to current term; mandatory lifetime weapons prohibition; DNA order for forensic analysis.

Orders

  • Two years imprisonment consecutive to sentences currently being served
  • Lifetime weapons prohibition pursuant to s.109 of the Criminal Code