Defence appeal from a 21 month sentence imposed after accused pled guilty to aggravated assault. Friends of the accused and victim (who were strangers) engaged in a verbal dispute outside of a Calgary bar. Victim expressed no interest in fighting. While attempting to enter a cab, the victim was struck in the face by the accused and fell to the ground. Accused then struck the victim in the head several times as he laid on the ground. Some brain injury caused. The victim “required physiotherapy to learn how to walk again.”

Held: Appeal dismissed.

“In short, we have a situation where a completely innocent individual … was viciously beaten by the appellant and has been left with serious, life altering and permanent injuries.” Denunciation and deterrence paramount.

J. Ruttan – Defence Counsel