Digest: R v McNab, 23 MVR (7th) 257

• Date: February 18, 2019

Reported as: 23 MVR (7th) 257 , 2018 SKQB 65

Docket Number: CRM 5/15 JCR , QB18058

Court: Court of Queen's Bench

Date: 2019-02-18

Judges:

• McMurtry

Subjects:

• Criminal Law � Assault � Aggravated Assault � Sentencing
• Criminal Law � Sentencing � Aboriginal Offender

Digest: The accused pled guilty to aggravated assault contrary to s. 268(1) of the Criminal Code. He had been in custody since the offence date in July 2014 but was released in May 2016 on a recognizance containing a condition prohibiting him from consuming alcohol. He had twice breached that condition and was returned to custody in May 2017. He had pled guilty to the breaches and received a sentence of six months, time served. The assault occurred when the accused and the victim were both intoxicated. The accused struck the victim on the head with a hatchet and he suffered serious injuries to his skull. The Crown argued that the accused should receive a seven-year sentence for the charge of aggravated assault. The defence argued for a lower sentence and submitted that the court should consider Gladue factors because of the accused�s childhood. He had been born and raised in Regina by his parents and grandparents. Both his father and grandmother had attended residential schools. His family was impoverished. When he was 13, his brother committed suicide. The family turned to alcohol and drugs as a coping strategy. The accused had begun drinking even before his brother�s death and continued to do so. He was apprehended by Social Services at 14 because of his parents� substance abuse problems and lived in foster and group homes. He attempted suicide three times. His criminal record began at 15. He was now 26 years old and had been convicted 12 times as an adult. His record included two convictions for aggravated assaults committed while intoxicated. His most significant sentence to date was 15 months. The accused had never received nor sought treatment for his addiction. He had begun working for a moving company in 2013 and it was prepared to rehire him after his release. His mother, sister and spouse were all supportive of the accused if he was willing to address his alcohol addiction. The accused had expressed remorse and accepted responsibility for the attack on the victim. In the pre-sentence report, the accused was assessed at being at high risk of reoffending due to the instability in his residence, his peers, his drug and alcohol use and other...