Crown appeal of 90 day jail sentence followed by 2 years probation after guilty plea to aggravated assault. Accused found complainant in bed with his girlfriend. Strike to complainant’s head resulted in serious injury, resulting in the need for several surgeries.
Held: Appeal dismissed.
As per Knott [2012] 2 SCR 470, it is open to a court to impose potentially shorter custodial sentences when followed by strict and lengthy probation. The assault was spontaneous and short. 90 days jail plus strict probation adequately addressed deterrence and denunciation.
J. Williamson, Defence Counsel