Canada Case Law

R. v. McQuarrie

Court

Supreme Court of British Columbia

Balancing denunciation, deterrence and protection of the public with rehabilitation, the court imposed 8 years 6 months (rounded to 3,100 days) on the robbery conviction, granted a conditional stay on the assault (Kienapple), credited pre-sentence custody at 1.5:1 (948 days served = 1,422 days credit) leaving 1,678 days to be served; imposed DNA sampling authorization, lifetime weapons prohibition and a no-contact order while in custody.

Source excerpt

• Robbery
• Assault with a weapon
• Kienapple principle (conditional stay)
• Pre-sentence custody credit
• Victim vulnerability
• Weapons prohibition

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R. v. Buni

Court

Court of Appeal for Ontario

The Court held that, viewed in the context of the entire record and counsel's submissions, the trial judge's reasons were adequate and the appellant's apology could properly be considered as confirmatory evidence in the absence of an alternative explanation; accordingly the convictions were upheld.

Source excerpt

• Aggravated assault
• Assault with a weapon
• Possession of a weapon
• Evidentiary issues
• Reasons for judgment

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R. v. Holder

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed Vernon Rudolph Holder’s conviction appeal and sentence appeal, upholding findings on credibility, hearsay, and sentencing.

• Aggravated assault
• Assault with a weapon
• Hearsay - spontaneous utterances
• Credibility findings
• Downes credit for strict bail conditions
• Mode of trial

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R. v. Saunders

Court

Supreme Court of Nova Scotia

The court acquitted the accused on all charges because the Crown failed to prove guilt beyond a reasonable doubt: the complainant's testimony was rendered not credible or reliable by multiple inconsistencies and evasions, and by expert handwriting evidence (high probability) and documentary/timeline evidence undermining her account (notably that the firearm depicted was acquired in 2021), and the O'Connor production confirmed the record relevant to testing credibility; these factors together left reasonable doubt as to whether the alleged assault with a firearm occurred.

Source excerpt

• Assault with a weapon
• Careless use of a firearm
• Use of a firearm during commission of an offence
• Third-party records production (o'connor)
• Handwriting/authenticity evidence
• Credibility assessment

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R. v. R.P.

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed R.P.’s conviction appeal, holding the verdicts were supported by ample corroborative evidence and no ineffective assistance was shown.

• Sexual assault
• Assault with a weapon
• Uttering threats
• Possession of a prohibited weapon
• Possession of a weapon while prohibited
• Ineffective assistance of counsel

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R. v. Houle

Court

Supreme Court of British Columbia

Tyler William Houle received a custodial sentence for offences arising from a dangerous flight from police, including assaulting a peace officer with a vehicle.

• Assault on a peace officer
• Assault with a weapon
• Dangerous driving
• Flight from police
• Failure to stop and fail to remain
• Driving while prohibited

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R. v. B.D.C.

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed a criminal appeal from convictions for assault with a weapon and sexual assault, finding no reversible error in the trial judge’s reasoning.

• Assault with a weapon
• Sexual assault
• Credibility findings
• Propensity evidence
• Browne v. dunn rule
• Reverse onus

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R. v. P.K.G.

Court

Supreme Court of Nova Scotia

Given the high moral culpability arising from repeated intimate‑partner and child assaults, including multiple non‑consensual sexual acts and choking, a global custodial sentence of four years is proportionate; enhanced remand credit was refused because conditions did not meet the exceptionally punitive threshold though remand credit at 1.5:1 was applied; concurrency and consecutive structure adopted as described to produce an aggregate sentence that is not excessive; ancillary orders granted.

Source excerpt

• Sexual assault
• Assault
• Assault by choking
• Assault with a weapon
• Remand credit (duncan credit)
• Totality

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R. v. Wood

Court

Supreme Court of British Columbia

The court stayed one assault count under Kienapple and sentenced the accused to 11 months in jail, 12 months’ probation, plus DNA and driving orders.

• Dangerous operation of a motor vehicle
• Assault with a weapon
• Assault causing bodily harm
• Conditional sentence orders
• Ancillary orders (dna, driving prohibition)
• Sentencing

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R. v. Peti

Court

Court of Appeal for Ontario

Because the sentencing judge ultimately imposed the exact sentence proposed by the Crown and gave appropriate presentence custody credit, and reasonably weighed the relevant factors including the appellant's record and the seriousness of the assault, there was no error in principle and the sentence of 18 months is fit and must be upheld.

Source excerpt

• Sentencing
• Assault with a weapon
• Mischief
• Breach of undertaking
• Presentence custody credit
• Appeal procedure

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