Canadian Criminal Sentencing/Offences/Aggravated Assault

Legislation 268. (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant. Punishment (2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. ... CCC Application For details on general principles and factors of assault-based offences, see Canadian Criminal Sentencing/Offences/Assaultive Offences Principles Aggravated assault is the most serious of violent crimes short of homicide and so must include incarceration.R. v. Marsman, [2007] NSCA 65; R. v. Keshane, [2005] S.J. No. 97 General deterrence is the primary factor. R. v. Perlin, [1977] NSJ No. 548, R. v. Dzikowski, [1990] NSJ No. 353; R. v. King, [1999] NSJ No. 331 The types of offences includes a range with the high end including unprovoked attack with a weapon. While a consensual fight that escalates tends to be on the lower end.R. v. Craig, 2005 BCCA 484, in para. 10 Ranges In BC, it has been stated that the "range of sentence for similar offences [namely aggravated assault] was described as being between 16 months and six years”R. v. Craig, 2005 BCCA 484, 201 C.C.C. (3d) 495 R. v. Johnson, 1998 CanLII 4838 (BC CA), (1998), 131 C.C.C. (3d) 274 (B.C.C.A) Further it has been stated as "18 months to six years"R. v. Willier, 2005 BCCA 404 and "two years less a day to six years".R. v. Biln, 1999 BCCA 369 It is suggested that aggravated assault where a knife is involved is in the range of 3 to 6 years. R. v. Wheeler, [2011] N.J. No. 391 at para. 72 2 Ancillary Orders Weapons Prohibition Orders DNA Orders Aggravated Assault