R. v. Evans (G.K.), (1996) 182 A.R. 21 (ProvCt)

• Judge: Gilbert, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: February 21, 1996
• Citations: (1996), 182 A.R. 21 (ProvCt)

R. v. Evans (G.K.) (1996), 182 A.R. 21 (ProvCt)

MLB headnote and full text

Her Majesty The Queen v. Gordon Kenneth Evans

(Docket No. 50208321P10101)

Indexed As: R. v. Evans (G.K.)

Alberta Provincial Court

Gilbert, P.C.J.

February 21, 1996.

Summary:

The accused pleaded guilty to assaulting his two month old daughter.

The Alberta Provincial Court sentenced the accused to six months' imprisonment and two years' probation.

Criminal Law - Topic 5833.1

Sentencing - Considerations on imposing sentence - Child abuse - The Alberta Provincial Court stated that physical child abuse cases fell into three distinct types: 1) cases involving the application of force with the expecta­tion of causing injury or indifference to it; 2) cases involving appli­cation of force where the parent was im­mature and unskilled and acting out of emotional upset, frustration or temper and did not fully appreciate the serious injuries which might result; or 3) cases involving dimin­ished responsibility through mental dis­order where the abnormal mental con­dition of the accused requires that treat­ment of the offender be given priority over the principles of general and individual deterrence - The court discussed the ap­propriate punishment required for each category - See paragraphs 8 to 11.

Criminal Law - Topic 5883

Sentence - Assault causing bodily harm - The 25 year old accused became angry while attempting to feed his two month old baby and shook her severely and dropped her in her crib - The child suffered a subdural haematoma and a fractured arm - The accused pleaded guilty to assault causing bodily harm - The accused had a dysfunctional upbring­ing, had difficulties with anger manage­ment, marital conflict and sub­stance abuse - He had an unrelated crimi­nal record - The accused was re­morseful and took an anger management program and a parent­ing program - The Alberta Provincial Court sentenced the accused to six months' imprisonment and two years' probation with conditions to help the accused over­come his problems - The court stressed the need to protect those who could not defend themselves.

Cases Noticed:

R. v. Laberge (K.K.) (1995), 165 A.R. 375; 89 W.A.C. 375; 27 W.C.B.(2d) 176 (C.A.), refd to. [para. 8].

R. v. Marks (K.J.) (1994), 121 Nfld. & P.E.I.R. 200; 377 A.P.R. 200; 24 W.C.B.(2d) 606 (Nfld. C.A.), refd to. [para. 8].

R. v. Hiltermann (S.G.) (1993), 141 A.R. 223; 46 W.A.C. 223 (C.A.), refd to. [para. 8].

R. v. Hagger (1982), 38 A.R. 181; 7 W.C.B. 526, refd to. [para. 12].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 267(1)(b) [para. 1].

Counsel:

J. Hak, for the Crown;

R. Mears, for the accused.

This case was heard by Gilbert, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on February 21, 1996.