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Sentencing for assault with a weapon and dangerous driving arising from a vehicle incident at a Victoria protest. The court imposed 12 months’ imprisonment, concurrent 30 days, and probation.
Because the offence was racially motivated and caused community harm beyond the individual victim, denunciation and deterrence required a custodial sentence despite the guilty plea and mitigating personal circumstances; a 60-day period of incarceration for criminal harassment, 12 months probation with standard conditions, one day custody for the assault (time served), a three-year firearms prohibition and no DNA order or fine were reasonable and proportionate.
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Sentencing reasons for a nightclub assault and threat case. The court found the assault unprovoked and partly motivated by prejudice, and imposed custody plus ancillary orders.
Sentencing reasons after a guilty plea to assault causing bodily harm, addressing hate motivation, pretrial custody credit, probation, and ancillary orders.
The appellate court dismissed the parity argument because the co-accuseds' actions and records differed materially; R. v. Thornton's malfeasance principle did not apply but the trial judge reasonably limited two-for-one pre-trial credit based on the appellant's role, lack of accepted remorse and extensive violent record; therefore the sentence was fit and affirmed.
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British Columbia Court of Appeal appeal from sentence in a manslaughter case; the court found the sentences fit and dismissed both appeals.
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