Accused pleaded guilty to aggravated assault. Stabbing outside of a bar in Medicine Hat. Accused attacked the complainant from behind and stabbed him in the back near the mid-line. Serious but not permanently life-altering injury caused. Largely unprovoked attack.

Held: 20 months jail and 18 months probation.

32 year old accused with a relatively minor criminal record. Mitigating factors were a guilty plea and a positive PSR. Aggravating factors included: dangerous nature of the weapon used (a knife), serious injury caused, and that “[t]he attack was from behind and perpetrated against someone who was trying to peaceably intervene to have the accused leave the scene”.

L. Heidinger – Defence Counsel