Tag Archive for: Aggravated Assault

R. vs. E.L. – Vancouver Provincial Court

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Charges: Aggravated Assault; Breach of Probation.

Issue: Given the context of the offences and our client’s rehabilitative efforts, whether a jail sentence was appropriate.

Result: Mr. Johnston informed Crown counsel of the significant rehabilitative progress our client had made since the offence dates and persuaded Crown to not pursue the 16 month  jail sentence they had been seeking. Crown agreed to proceed on the less serious charge of assault causing bodily harm and to stay the remaining charges. After hearing Mr. Johnston’s submissions, the court granted our client a one year conditional sentence sentence and two years of probation. This was a particularly positive outcome for our client, who had a prior conviction for a similar offence. No jail.

R. vs. L.W. – Vancouver Provincial Court

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Charges: Aggravated Assault; Breach of Undertaking; Assault police officer; Mischief to property.

Issue: Given the seriousness of the facial injuries to the complainant and the ensuing assault of the arresting police officer, whether a lengthy prison sentence was appropriate.

Result: Mr. Gauthier was able to steer our client through an extensive program of rehabilitation and, after gearing Mr. Gauthier’s submissions in a contested hearing, the Court granted our client a conditional sentence of only 3 months, followed by 2 years probation. No jail.

R. vs. L.W. – Vancouver Provincial Court

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Charges: Aggravated assault; Assault police officer; assault.

Issue: Notwithstanding that the usual range of sentence is approximately 3 years for aggravated assault, whether a conditional sentence (house arrest) was appropriate.

Result: Mr. Gauthier persuaded Crown to jointly recommend a non-jail sentence. After hearing our submissions, the trial judge granted our client a 3 month conditional sentence, followed by a 2 year probation order.

R. vs. K.B. – Vancouver Provincial Court

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Charges: Aggravated assault; assault with a weapon.

Issue: Given the information Mr. Johnson was able to provide to Crown counsel, whether it was appropriate to continue with the prosecution on the approved charges.

Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser charge of assault causing bodily harm. After hearing Mr. Johnson’s submissions on our client’s behalf, the trail judge sentenced our client to a suspended sentence with 24 months probation. Our client was able to avoid a lengthy jail sentence.