P. Ketcheson

Following a trial conviction for assault causing bodily harm, the court sentenced the accused for a prolonged and violent assault arising from a neighbour dispute.

The court treated the victim's vulnerability, the viciousness of the attack, the location at the victim's home, and the accused's status as a court officer as aggravating factors, while also recognizing remorse, collateral employment consequences, and strong prior good character.

A conditional discharge and suspended sentence were rejected as contrary to the public interest and insufficient to meet denunciation and deterrence.

The court nevertheless found that a custodial sentence could safely be served in the community and imposed a 9-month conditional sentence order followed by 12 months' probation, together with DNA and weapons prohibition orders.

The accused was charged with assault causing bodily harm following a physical altercation with his partner's neighbour in a condominium courtyard.

The accused claimed self-defence, alleging he was responding to a threat made against his partner and a subsequent threat with a knife against himself.

The court rejected the accused's evidence regarding the knife and found that his response to the verbal threat was not reasonable in the circumstances.

The Crown successfully disproved the elements of self-defence, and the accused was found guilty.