Supreme Court
Decision Information
Summary: Accused pled guilty to common assault of common-law. Justice of the Peace issued suspended sentence, probation for two years with various conditions including community service work and anger management counseling. Crown appeals sentence. Transcript cannot be produce of sentence proceedings. Court determines sentence should not be disturbed unless unfit. Court reconstructs facts before Justice. Complainant held down on bed and bitten by accused while both were intoxicated and arguing. Accused has youth court record including assault and uttering threats against same complainant. Breach of trust aggravating circumstance. No evidence of physical injury and early guilty plea mitigating. Presently relationship terminated, half of community service work done and anger management program completed. Accused has good prospects for summer employment. While general deterrence and denunciation are most important principles in spousal assault, principles can be met without jail sentence, even when there is a related record.
Decision: Appeal dismissed
Subjects: Criminal law - Assault - Common assault
Criminal law - Appeals - Summary conviction appeals