R. v. Atkin, (1988) 27 O.A.C. 235 (CA)
| Judge | Howland, C.J.O., Martin and Griffiths, JJ.A. |
| Court | Court of Appeal (Ontario) |
| Case Date | May 12, 1988 |
| Jurisdiction | Ontario |
| Citations | (1988), 27 O.A.C. 235 (CA) |
R. v. Atkin (1988), 27 O.A.C. 235 (CA)
MLB headnote and full text
Her Majesty the Queen (applicant/appellant) v. William Jackson Atkin (respondent)
(1118/87)
Indexed As: R. v. Atkin
Ontario Court of Appeal
Howland, C.J.O., Martin and Griffiths, JJ.A.
May 12, 1988.
Summary:
The accused was charged with the attempted murder of his wife by shooting and stabbing her. He was convicted of the included offence of aggravated assault and of the offence of using a firearm while committing an offence. He was sentenced to two years' imprisonment for aggravated assault and one year consecutive for use of a firearm. The Crown appealed.
The Ontario Court of Appeal allowed the appeal and increased the sentence of the accused for aggravated assault to five years' imprisonment.
Criminal Law - Topic 5831.9
Sentencing - Considerations - Violence between spouses - The Ontario Court of Appeal stated that the penalty will be very severe where violence is resorted to as a result of marital stress between two spouses - See paragraph 13.
Criminal Law - Topic 5938
Sentence - Aggravated assault - The accused man, who was drunk, was upset because his wife planned to leave him - He shot her in the face, destroying an eye, and stabbed her several times, severely injuring her - Nine months' pretrial custody - No prior record - The Ontario Court of Appeal increased the sentence of the accused from two years to five years' imprisonment.
Cases Noticed:
R. v. Glen (1983), 1 O.A.C. 212, appld. [para. 13].
Counsel:
Nancy Kastner, for the Crown/appellant;
Marc Rosenberg, for the respondent.
This case was heard on May 3, 1988, at Toronto, Ontario, before Howland, C.J.O., Martin and Griffiths, JJ.A., of the Ontario Court of Appeal.
On May 12, 1988, Howland, C.J.O., delivered the following judgment for the Court of Appeal:
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R. v. Gallant (S.F.), (1992) 126 N.B.R.(2d) 421 (CA)
...356 (C.A.), consd. [para. 10]. R. v. Bartibogue (1990), 94 N.B.R.(2d) 157; 239 A.P.R. 157 (Q.B.), consd. [para. 10]. R. v. Atkin (1988), 27 O.A.C. 235 (C.A.), consd. [para. R. v. Aijo (1990), 100 N.B.R.(2d) 165; 252 A.P.R. 165, consd. [para. 10]. Counsel: Christopher Titus, for the appellan......
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R. v. Augustine (T.A)., (1993) 133 N.B.R.(2d) 320 (TD)
...imprisonment on the charge of assault causing bodily harm and a term of four years on the charge of aggravated assault. R. v. Atkin (1988), 27 O.A.C. 235 (Ont. C.A.), a 53 year old was convicted of aggravated assault. He had shot and stabbed his wife because she planned to leave him. The Co......
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R. v. Cloud (J.C.) and Cloud (R.), (1990) 104 N.B.R.(2d) 300 (TD)
...years' probation - See paragraphs 33 to 43. Cases Noticed: R. v. Littletent (1985), 17 C.C.C.(3d) 520, consd. [para. 16]. R. v. Atkin (1988), 27 O.A.C. 235, consd. [para. R. v. Opsitnik (1986), 13 O.A.C. 50, consd. [para. 18]. R. v. Rose (1974), 9 N.S.R.(2d) 432, consd. [para. 20]. Statutes......
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R. v. Gallant (S.F.), (1992) 126 N.B.R.(2d) 421 (CA)
...356 (C.A.), consd. [para. 10]. R. v. Bartibogue (1990), 94 N.B.R.(2d) 157; 239 A.P.R. 157 (Q.B.), consd. [para. 10]. R. v. Atkin (1988), 27 O.A.C. 235 (C.A.), consd. [para. R. v. Aijo (1990), 100 N.B.R.(2d) 165; 252 A.P.R. 165, consd. [para. 10]. Counsel: Christopher Titus, for the appellan......
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R. v. Augustine (T.A)., (1993) 133 N.B.R.(2d) 320 (TD)
...imprisonment on the charge of assault causing bodily harm and a term of four years on the charge of aggravated assault. R. v. Atkin (1988), 27 O.A.C. 235 (Ont. C.A.), a 53 year old was convicted of aggravated assault. He had shot and stabbed his wife because she planned to leave him. The Co......
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R. v. Cloud (J.C.) and Cloud (R.), (1990) 104 N.B.R.(2d) 300 (TD)
...years' probation - See paragraphs 33 to 43. Cases Noticed: R. v. Littletent (1985), 17 C.C.C.(3d) 520, consd. [para. 16]. R. v. Atkin (1988), 27 O.A.C. 235, consd. [para. R. v. Opsitnik (1986), 13 O.A.C. 50, consd. [para. 18]. R. v. Rose (1974), 9 N.S.R.(2d) 432, consd. [para. 20]. Statutes......