# Canadian Criminal Sentencing/Cases/Common Assault
## Common Assault

| Case | Citation | Sentence | Summary |
| R. v. Chisholm | 2012 NBQB 389 (CanLII) | 6 months | Offender plead guilt to kicking and punching the victim at a casino. He was 22 years old with a prior related record. |
| R. v. Norman | [2011] N.J. No. 214 (P.C.) | 1 month | pushing into snowbank and holding down |
| R. v. Roefaro | 2011 BCPC 278 | 3 years | beating over 3 hours; gay victim; broken ribs, teeth |
| R. v. Rautenberg | 2011 BCPC 259 | 12 months | |
| R v Wells | [2011] NJ 140 | S / S | punch in side of head, no record, D sought discharge |
| R v Coleman | [2010] NJ 87 | 20 days | grabbing victim by hair , no record, D sought discharge |
| R v Hickey | [2010] NJ 88 | 6 months | self-choking gesture while uttering threat |
| R v Lyver | [2010] NJ 92 | 6 months | 2 assaults after unlawfully entering house, masked |
| R v Newman | [2009] NJ 201 | 3 months | threw victim against wall |
| R v Manning | [2009] NJ 167 | 5 months | strike to face |
| R. v. Withrow | 2008 NSPC 28 | 6 months | punch victim in face, breaking false teeth and knocking him to the floor |
| R. v. Metzler | 2008 NSCA 26 | 22 weeks | assault causing bodily harm; swarming |
| R. v. Koc | [2008] N.J. No. 161 (S.C.) | discharge | appeal from 14 day CSO, would be deported if CSO sentence |
| R v O'Soup | 2011 SKCA 97 | 6 months | Causing bodily harm; kicked bouncer in head after he passed out |
| R v S.G. | [2006] NJ 266 | S/S | pushing against wall, no record, D sought discharge |
| R. v. Tobin | 2005 CanLII 8659 (NL PC) | 4 months | assault, uttering threats, mischief and several breaches |

## Assault and Assault with a Weapon

| Case | Citation | Sentence | Summary |
| R v Bolton | 2012 SKQB 180 | 12 months | assault with a chain |
| R. v. Biemans | 2012 BCPC 95 | 7 days | drove into victim with car |
| R v. Cardinal | 2012 ABCA 102 | 30 months | assault with a weapon, unlawful confinement, choking and uttering threats conviction |
| R. v. Oladimeji | 2012 ONCA 19 | 28 months | assault with a brick during a drug deal; prior related record; |
| R. v. M.P. | 2011 BCPC 380 | 3 years | assault with a pool cue in the forenic hospital |

## Assault Causing Bodily Harm

| Case | Citation | Sentence | Summary |
| R. v. Reesor | 2012 ABPC 163 | 90 days | |
| R. v. S.C.R. | 2012 BCPC 122 | 4 years | |
| R. v. Gladue | 2012 ABCA 118 | 11 months | offender and victim having house party, both age 23 and intoxicated, victim urinates on carpet and a woman knocks him out--offender beats victim while unconscious. |
| R. v. Lundrigan | 2012 CanLII 13515 (NL PC) | 9 month CSO | strike once to face causing broken cheek bone, needed facial reconstructive surgery, dated prior offence, summary election. |
| R. v. Little | 2012 ONCJ 210 | 4 months | offender punched victim in face during cottage party, breaking jaw-some provocation--offender had prior youth record for dangerous driving causing death |
| R. v. Spoljarich | 2007 SKCA 112 | 19.5 months | serious beating on another inmate in jail, punching and kicking in face--offender broke nose--offender was 48 years old, had prior record of four assaults causing bodily harm |

## Domestic

| Case | Citation | Sentence | Summary |
| R. v. Boland | 2012 BCPC 57 | absolute discharge | put hand over mouth, during domestic argument |
| R. v. Grossetete | 2012 NWTCA 2 | 13 months | 2 assaults |
| R. v. Pumphrey | [2011] N.J. No. 129 (P.C.) | 90 days + Probation | assaulting of former partner and uttering a threat, offender pushed victim against a bathtub, strangled, and threatened to kill her. |
| R. v. Major | [2011] N.J. No. 122 (P.C.) | 60 days CSO + probation | domestic assault. He struck her and pulled her hair. |
| R. v. Marsh | [2011] N.J. No. 440 (P.C.) | 6 months | the offender grabbed victim by arm and hair, shook her head, putting it towards floor. Then offender hit victim in eye with open hand and then hit her on left side of jaw. |
| R. v. Wardak | 2011 ONCJ 583 | 90 days | domestic assault; uttering threats; no prior record |
| R. v. Sidhu | 2011 ONCA 139 | | |
| R. v. Granger | 2011 ONCA 537 | 18 mo jail | conviction at trial, choking, threatening |
| R. v. J.K. | 2010 NLTD 125 2008 ONCA 54 | 39 months global | several assaults over 5 months; aggravated assault, unlawful confinement |
| R. v. Kopriva | 2008 ONCA 54 | 12 months | sixth assault conviction, third against victim |
| R. v. Aymont | 2008 ABPC 285 | 15 month discharge | |
| R. v. Louison | 2008 SKCA 69 | 24 months | two prior domestic assault convictions, including scaring. Two sets of assaults against same person. |
| R. v. R.(B.S.) | (2006), 81 O.R. (3d) 641 (C.A.) 2006 CanLII 29082 | | |
| R. v. States | (2006), 214 O.A.C. 106 (C.A.) 2006 CanLII 25973 | | |
| R. v. Campbell | 2007 ONCA 313 | 2 years | assault causing harm; long record of violence; sparked by a racial slur |
| R. v. Julian | 2006 NSPC 67 | 14 mo and probation | two assault on same victim; lasting injuries |
| R. v. G. C. | 2005 NLTD 35 | 45 months | aggravated assault; assault with a weapon; alcohol involved |
| R. v. Heavyrunner | 2004 ABCA 15 | 2 years suspended sentence | 2 domestic assaults; significant amount of rehabilitation |
| R. v. Ochuschayoo | 2004 SKCA 16 | 3 years | assault causing; long record |
| R. v. MacDonald | 2003 NSCA 36 | 22 months | assault causing |
| R v Morgan | [2003] NJ 341 (NLSC) | discharge (JR) | offender dragged spouse across floor. no record. |
| R. v. Cook | (1996), Sask R. 16 (CA) | 1 year | punched wife in eyes and hit her with bottle on head; extensive record of violence |
| R. v. Pardy | (1996), 145 Nfld. & P.E.I.R. 78 (N.L.S.C.) | 21 days jail | pushing girlfriend to the ground and kicking her |
| R. v. Bonneteau | 1994 CanLII 4487 (AB C.A.) | two years less one day | 3 assault causing bodily harm over 2 years |
| R. v. Pitkeathly | 1994 CanLII 222 | 8 years | aggravated assault |
| R. v. Greene | (1993), BCCA | 1 year with 2 years probation | bouncer argues with wife, slams head into tree and retaining wall; pulled by hair; age 26; limited record |
| R. v. Coleman | 1992 CanLII 2589 (NS C.A.) | 12 months | aggravated assault |
| R. v. Brown, Highway, Umpherville | (1992), 73 CCC 242 (Alta. CA) 1992 CanLII 2829 | 18 mo/18mo/3 years | 3 separate cases; history of violence |
| R. v. Nolan | (1990), Sask. R. (CA) | 6 months | struck wife; was on probation for violence against V at time |
| R. v. Ayles | (1989) NSCA | 12 months | two counts of violence for assaulting wife; punch to nose and choking; in presence of children; prior record of violence |
| R. v. Inwood | 1989 CanLII 263 (ON C.A.) | 30 days and probation | |
| R. v. Petrovic | (1984), 47 O.R. (2d) 97 (C.A.) | | |

## Child victim

| Case | Citation | Sentence | Summary |
| R. v. Gallant | 2012 CanLII 21016 (NL PC) | 3 months | hit and kick in face of 14 year old |
| R. v. C.(Y.J.) | 2012 ONCJ 25 | cond. Disch. | assault of 10 year old son; immigration implications of criminal record |
| R. v. Randell | 2011 CanLII 57525 (NL PC) | S/S 12 mo | punch to child; struggle; dated prior record |
| R. v. J.B. | [2011] N.J. No. 164 (P.C.) | 14 day CSO | offender assaulted his wife and daughter while on conditions to have no contact--he pushed daughter against bed headboard. |
| R. v. J.T.R. | [2011] N.J. No. 339 (P.C.) | Suspended | offender struck son's arm to release grip on arm |
| R. v. Samms | [2010] N.J. No. 202 (P.C.) | 6 mo CSO | |
| R. v. Stacey | [2009] N.J. No. 257 (P.C.) | 6 mo jail | |
| R. v. D.P. | [2004] N.J. No. 38 (P.C.) | S/S | |
| R. v. W.L. | [2004] N.J. No. 44 (P.C.) | 60 days | offender threw step-son down stairs and damaged residence |
| R. v. Burke | [1996] N.J. No. 179 (C.A.) | discharge | assaulted child at orphanage, appeal from 1 month sentence |

## Assault by persons in authority

| Case | Sentence | Summary |
| R v Banks, 2012 NBQB 133 | 60 days | prison guard assaults inmate |
| R. v. Ens and Moyse, 2011 MBQB 301 | 21 days CSO | |
| R. v. Lepine, 2010 ABPC 374 | 4 months CSO | |
| R. v. Byrne, 2009 ONCA 134 | 90 days | |
| R. v. Carrigan, [2009] N.J. No. 305 (P.C.) | | correctional officer assaults inmate causing bodily harm, public trust, discharge rejected |
| R. v. Gillan, 2009 BCPC 241 | 21 days CSO | |
| R. v. Feeney et al., 2008 ONCA 756 | 30 to 60 days | |
| R. v. Langlois, 2004 BCPC 195 | 21 days CSO | |
| R. v. Nixon, 1991 CanLII 905 (BC CA) | 9 months | |
| R. v. Bottrell, 1981 CanLII 352 (BC CA) | 45 days | |
| R. v. Cusack, [1978] N.S.J. No. 538 (QL), 41 C.C.C. (2d) 289 (C.A.) | | |

## Assault Peace Officer
### Spitting

| Case | Citation | Sentence | Summary |
| R. v. Beaudin | 2012 ONCA 615 | 12 months | long record |
| R. v. McLeod | 2009 SKPC 85 | 6 months | spitting in eye of officer |
| R. v. Charlette | 2010 SKCA 78 | 60 days | spit in face; possible contagious disease |
| R. v. Wiersema | 2009 YKTC 6 | | spit on officer while bleeding; had communicable disease |
| R. v. Ali | 2006 ABQB 805 | 4 months jail | spit on officer; extensive record |
| R. v. Beuk | (2005), 2005 CarswellOnt 1674 (ONSC) | suspended | spat in face of breath-tech during impaired investigation |
| R. v. C.E.K. | [2002] A.J. No.1519 | 12 months | while being arrested accused spat at officer--offender was 22 years old, previous record for assault |
| R. v. Joseph | [2001] O.J. No. 5726 (Ont.C.J.) | 4 months jail | spitting on officer; related to charges of uttering threats, breach of probation; record of violence; "uncontrollable" in community |
| R. v. Ryan | [2001] O.J. No. 5069 | 3 months | spitting at a police officer |
| R. v. Raycraft | [1995] O.J. No. 3958 | 4 months | spat at peace officer during crowd control |

### Physical Violence

| Case | Citation | Sentence | Summary |
| R. v. Boden | 2012 BCPC 331 (CanLII) | 3 months | also sentenced to sexual assault x 2--altercation while police arresting him, officers had guns drawn, he ran at them. |
| R. v. McArthur | 2010 SKCA 90 | 24 months | appeal from 12 month sentence; also involved assault causing and mischief against police officer |
| R. v. Bougerois | 2012 ABQB 255 | discharge | while intoxicated grabbed officer's groin, tried to kick him, no injuries sustained |
| R. v. Patton | 2011 ABCA 199 | 48 months jail | |
| R. v. Gardner | [2011] N.J. No. 41 | 1 mo CSO | tried to bite and pull hair of officer, no injuries--also charged with violence-related offences and mischief |
| R. v. Nehass | 2010 YKTC 64 | 6 months | offender was serving a sentence at the time--throwing urine, kicking and punching peace officers-- |
| R. v. Markozashvili | 2010 ONCA 52 | 90 days | offender convicted of dangerous driving causing bodily harm--assaulted officer while resisting arrest |
| R. v. Beauprie | 2009 ABQB 323 | 14 days | offender assaulted officer while resisting arrest, no injuries. Offender was 24 years old and initially arrested for mischief and intoxication. No prior record. |
| R v Jacobish | 2008 NLTD 148 | 120 days | officers were removing him from a house, hit one with a snowmobile belt and punched another on. |
| R. v. Crothers | 2007 NBQB 237 | 10 months | unprovoked assault on prison guard, with multiple hits |
| R. v. Chocolate | 2005 NWTSC 80 | 2 years less a day | |
| R. v. Legrandeur | 2006 BCSC 227 | suspended | pushed officer in moment of anger |
| R. v. Grossman | 2004 BCPC 236 | 1 year | pepper sprayed police officer and his dog |
| R. v. Toews | 2004 UND 888 | 10 years | killed police chief Wigsy's wife |

## See Also

* Canadian Criminal Sentencing/Offences/Assault
* Canadian Criminal Law/Offences/Assault