R. v. D.P.J.

R. v. D.P.J.

The trial judge erred in law by declaring that hitting a child necessarily requires a custodial sentence; because the s.742.1 requirements were met (sentence under two years and community safety not endangered) and the factors favoured a conditional sentence, the appellate court varied the custodial sentence to a conditional sentence to be served in the community while leaving the two years' probation intact.

Citation
2004 BCSC 1774
Parties
Crown: Regina; Appellant: D.P.J.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 December 2004
Procedural Posture
Criminal Appeal From Provincial Court Sentencing (assault) / Appeal Against Sentence Imposed in Provincial Court
Outcome
Appeal allowed in part; original three months' custody set aside and substituted with a three‑month conditional sentence served in the community; two years' probation order retained.
Legal Topics
Assault, Conditional Sentence, Denunciation and Deterrence, Breach of Trust, Sentencing Principles
Source Language
English
Criminal Law Sentencing Assault Conditional Sentence Denunciation and Deterrence Breach of Trust Sentencing Principles

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Parties

Regina

Crown

D.P.J.

Appellant

Procedural Posture

Criminal Appeal From Provincial Court Sentencing (assault) / Appeal Against Sentence Imposed in Provincial Court

Legal Issues

  1. 1 Whether the trial judge erred by stating as law that hitting a child always requires a custodial sentence
  2. 2 Whether a conditional sentence under s.742.1 was available and appropriate
  3. 3 Whether the three-month custodial sentence was excessive and unfit

Ratio Decidendi

The trial judge erred in law by declaring that hitting a child necessarily requires a custodial sentence; because the s.742.1 requirements were met (sentence under two years and community safety not endangered) and the factors favoured a conditional sentence, the appellate court varied the custodial sentence to a conditional sentence to be served in the community while leaving the two years' probation intact.

Court Disposition

Appeal allowed in part; original three months' custody set aside and substituted with a three‑month conditional sentence served in the community; two years' probation order retained.

Orders

  • Custodial sentence of three months varied to a three‑month conditional sentence to be served in the community
  • Curfew: remain at residence except between 11:00 and 15:00 for medical or food purposes or with CSO permission