R. v. Raffle

R. v. Raffle

Given the pattern of repeated, severe domestic assaults, the stabbing formed part of an abusive dominance pattern; aggravating factors (domestic relationship, multiple assaults, breach of no‑contact order) warranted consecutive custodial terms totalling ten years which the court reduced under s.718.2(c) to eight years; after applying agreed 28 months pre-trial custody credit the effective sentence imposed was five years eight months, with ancillary orders (lifetime weapons ban, DNA, no-contact during custody).

Citation
2015 BCSC 1895
Parties
Crown: Regina; Accused: David Keith Raffle; Victim: T.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 September 2015
Procedural Posture
Criminal / Sentencing After Jury Conviction
Outcome
Convictions entered on Count 1 (assault causing bodily harm), Count 2 (assault causing bodily harm) and Count 3 (aggravated assault); Count 4 (assault with a weapon) stayed under Kienapple principle; sentence of five years eight months imprisonment imposed.
Legal Topics
Assault Causing Bodily Harm, Aggravated Assault, Domestic Violence, Sentencing, Pre Trial Custody Credit, Ancillary Orders
Source Language
English
Criminal Law Assault Causing Bodily Harm Aggravated Assault Domestic Violence Sentencing Pre Trial Custody Credit Ancillary Orders

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Parties

Regina

Crown

David Keith Raffle

Accused

T.M.

Victim

Procedural Posture

Criminal / Sentencing After Jury Conviction

Legal Issues

  1. 1 Appropriate global sentence and concurrency/consecutivity
  2. 2 Whether stabbing was spontaneous or deliberate and relevance to moral blameworthiness
  3. 3 Application of Kienapple principle to stay duplicate count

Ratio Decidendi

Given the pattern of repeated, severe domestic assaults, the stabbing formed part of an abusive dominance pattern; aggravating factors (domestic relationship, multiple assaults, breach of no‑contact order) warranted consecutive custodial terms totalling ten years which the court reduced under s.718.2(c) to eight years; after applying agreed 28 months pre-trial custody credit the effective sentence imposed was five years eight months, with ancillary orders (lifetime weapons ban, DNA, no-contact during custody).

Court Disposition

Convictions entered on Count 1 (assault causing bodily harm), Count 2 (assault causing bodily harm) and Count 3 (aggravated assault); Count 4 (assault with a weapon) stayed under Kienapple principle; sentence of five years eight months imprisonment imposed.

Orders

  • Imprisonment of five years eight months.
  • Credit of 28 months pre-trial custody applied.