R. v. Boyes (J.), (1997) 26 O.T.C. 133 (GD)

• Judge: Howden, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: March 14, 1997
• Jurisdiction: Ontario
• Citations: (1997), 26 O.T.C. 133 (GD)

R. v. Boyes (J.) (1997), 26 O.T.C. 133 (GD)

MLB headnote and full text

Her Majesty The Queen v. Jennifer Boyes

Indexed As: R. v. Boyes (J.)

Ontario Court of Justice

General Division

Barrie

Howden, J.

March 14, 1997.

Summary:

The 23.5 year old accused pleaded guilty (at trial) to aggravated assault by wounding. The accused and others were asked to leave a hotel room party that was becoming increasingly rowdy and potentially hostile. The victim verbally insulted the accused. The accused responded by smashing a beer bottle against the side of the victim's head, then hitting him once in the back with the broken bottle. The victim suffered two lacerations on his head and one on his back. The accused's actions, although provoked by the victim, were totally disproportionate. The accused admitted that the victim posed no physical threat to her. The accused was a mother with no history of violence. Her conduct was disinhibited by alcohol.

The Ontario Court (General Division) imposed a 12 month conditional sentence, to be served in the community (Criminal Code, s. 742.1). Additionally, the accused was ordered to perform 120 hours of community service and subjected to house arrest between 6:00 p.m. and 8:00 a.m. every day. The court also imposed a 10 year firearms prohibition order.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - See paragraphs 1 to 19.

Criminal Law - Topic 5938

Sentence - Aggravated assault - See paragraphs 1 to 19.

Cases Noticed:

R. v. Pierce (M.) (1997), 97 O.A.C. 253 (C.A.), refd to. [para. 12].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 100 [para. 17]; sect. 718 [para. 12]; sect. 724 [para. 3]; sect. 742.1 [para. 12].

Counsel:

R. Gattrell, for the Crown;

G.W. Paisley, for the accused.

This case was heard on March 14, 1997, before Howden, J., of the Ontario Court (General Division), who delivered the following judgment orally on March 14, 1997.