Crown appeal of 6 month jail sentence plus 2 years probation imposed after accused pleaded guilty to aggravated assault in relation to his 13 week old son. Accused threw the child with significant force on a bed, causing him to bounce up and hit his head on a metal chair. Severe brain injury caused.
Held: Appeal allowed. 3 years jail imposed.
As per Nickel, 2012 ABCA 158, moral culpability is defined in terms of the extent to which the harm was foreseeable, the likelihood that the conduct would give rise to the harm, and the offender’s state of mind or awareness. Sentencing court under-emphasized the aggravating facts. Wakeling, JA dissented and would have imposed a 25 month sentence.
D. Bullerwell – Defence Counsel