R. v. Howald (L.N.), (1998) 72 O.T.C. 78 (GD)

• Judge: Donnelly, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: May 01, 1998
• Jurisdiction: Ontario
• Citations: (1998), 72 O.T.C. 78 (GD)

R. v. Howald (L.N.) (1998), 72 O.T.C. 78 (GD)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. AU.031

Her Majesty The Queen v. Larry Nelson Howald

Indexed As: R. v. Howald (L.N.)

Ontario Court of Justice

General Division

St. Thomas

Donnelly, J.

May 1, 1998.

Summary:

The police placed the unemployed and intoxicated Howald (aged 26) in the drunk tank with another intoxicated male. The other inmate momentarily touched the sleeping Howald on the buttocks. Howald rendered the retreating inmate unconscious for 20 minutes. In the presence of the police, Howald kicked the unconscious inmate violently in the abdomen. He also opined that he hoped that he had killed the allegedly homosexual inmate. Howald was charged with assault causing bodily harm.

The Ontario Court (General Division) convicted Howald on the included offence of assault. After considering Howald's prior convictions, the court imposed a five month term of incarceration.

Criminal Law - Topic 5834

Sentencing - Considerations - Circumstances tending to increase sentence - Homophobia - See paragraphs 3 and 4.

Criminal Law - Topic 5848

Sentencing - Considerations - Provocation - See paragraphs 1 to 10.

Criminal Law - Topic 5861

Sentence - Assault (includes common assault) - See paragraphs 1 to 10.

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 267(b) [para. 1]; sect. 718.2(a)(1) [para. 3].

Counsel:

K. Gowdey, for the Crown;

R. Upsdell, for the accused.

This sentencing was conducted on May 1, 1998, by Donnelly, J., of the Ontario Court (General Division) who orally imposed the following sentence.