Defence appeal from 9 month jail sentence imposed following accused’s conviction for aggravated assault. Fight outside of a bar which ended with the accused delivering a “full force kick football style” to the complainant’s head. Broken jaw, however the complainant fully recovered. No record.

Held: Appeal dismissed.

Trial judge erred in suggesting that separating the accused from society would somehow assist in his rehabilitation. However, the sentence imposed was “not clearly excessive or unreasonable.” Aggravating facts included that it was a group attack and that the complainant was motionless on the ground at the time of the kick.

S. Fix, Defence Counsel