R. v. J.D.L., (2007) 444 A.R. 9 (PC)

• Judge: Semenuk, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: October 19, 2007
• Citations: (2007), 444 A.R. 9 (PC);2007 ABPC 295

R. v. J.D.L. (2007), 444 A.R. 9 (PC)

MLB headnote and full text

Temp. Cite: [2007] A.R. TBEd. NO.113

Her Majesty the Queen v. J.D.L. (070826276P101001; 2007 ABPC 295)

Indexed As: R. v. J.D.L.

Alberta Provincial Court

Semenuk, P.C.J.

October 19, 2007.

Summary:

The accused pleaded guilty to aggravated assault in relation to his six month old daughter.

The Alberta Provincial Court gave the accused seven months' credit for pretrial custody and imposed an additional sentence of two years' probation. The court also imposed a 10 year firearms prohibition order and directed that a DNA sample be taken.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by a publication ban imposed pursuant to s. 486.5 of the Criminal Code.

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - The 21 year old aboriginal accused pleaded guilty to aggravated assault - Over the course of a day, while the accused was under the influence of alcohol, he became frustrated and angry because his six month old daughter would not stop crying - He threw her around and struck her in the face several times - He then picked her up and threw her head first into her car seat - The police were finally called and arrived at about 8 p.m. - The daughter had a fractured collarbone - Her face was swollen - Her right eye was swollen shut - There was bruising and multiple scratches and abrasions on her face, mouth, neck, back and chest - There were marks on her throat consistent with choking - No lasting injuries - The accused suffered from Fetal Alcohol Syndrome and Attention Deficit Hyperactivity Disorder and was on AISH - He had an IQ of 82 - Developmental and learning disabilities prevented him from obtaining meaningful employment - Had a difficult upbringing - Strong support from adoptive parents - Moderate risk for future violence if substance abuse problem was not addressed - While in pretrial custody (3.5 months), he was depressed and had ideations of suicide - The Alberta Provincial Court held that this was a case of diminished responsibility through mental disorder and treatment was to be given priority over deterrence with an individualized sentence tailored to the accused's circumstances - The court gave the accused seven months' credit for pretrial custody and imposed an additional sentence of two years' probation - The court also imposed a 10 year firearms prohibition order and directed that a DNA sample be taken.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5832 ].

Criminal Law - Topic 5833.1

Sentencing - Considerations on imposing sentence - Child abuse - [See Criminal Law - Topic 5832 ].

Criminal Law - Topic 5833.1

Sentencing - Considerations on imposing sentence - Child abuse - The Alberta Provincial Court stated that "There is no doubt, that cases involving serious child abuse generally attract a substantial term of incarceration. In order to safeguard defenceless children from any kind of physical abuse, denunciation and deterrence are primary considerations in the sentencing process." - See paragraph 12.

Criminal Law - Topic 5833.1

Sentencing - Considerations on imposing sentence - Child abuse - The Alberta Provincial Court stated that "... the range of sentence in serious cases of child abuse can vary widely between a suspended sentence and probation and a substantial penitentiary term of incarceration. Where an accused falls in this sentencing spectrum, will depend largely on the particular circumstances of the offence, and the offender." - See paragraph 15.

Criminal Law - Topic 5834.7

Sentencing - Considerations on imposing sentence - Mental illness or disorder - [See Criminal Law - Topic 5832 ].

Criminal Law - Topic 5938

Sentence - Aggravated assault - [See Criminal Law - Topic 5832 ].

Cases Noticed:

R. v. L.M.S., [1980] A.J. No. 440 (C.A.), refd to. [para. 11].

R. v. R.G. (1989), 94 N.S.R.(2d) 336; 247 A.P.R. 336; 1989 CarswellNS 260 (C.A.), refd to. [para. 11].

R. v. Bulger, 1991 CarswellPEI 134 (P.E.I.C.A.), refd to. [para. 11].

R. v. Wilson, 1992 CarswellOnt 2105 (C.J.), refd to. [para. 11].

R. v. Hiltermann (S.G.) (1993), 141 A.R. 223; 46 W.A.C. 223 (C.A.), refd to. [para. 11].

R. v. Just, [1993] A.J. No. 931 (C.A.), refd to. [para. 11].

R. v. Laberge (K.K.) (1995), 165 A.R. 375; 89 W.A.C. 375; 1995 CarswellAlta 556 (C.A.), refd to. [para. 11].

R. v. Evans (G.K.) (1996), 182 A.R. 21 (Prov. Ct.), refd to. [para. 11].

R. v. McGrath (J.A.) (1997), 196 A.R. 222; 141 W.A.C. 222 (C.A.), refd to. [para. 11].

R. v. Tate (D.J.) (2005), 367 A.R. 170; 346 W.A.C. 170 (C.A.), refd to. [para. 11].

R. v. M.J.S. (2006), 397 A.R. 356; 384 W.A.C. 356 (C.A.), refd to. [para. 11].

Counsel:

G. Schorn, for the Crown;

A. Sanders, for the accused.

This action was heard at Calgary, Alberta, by Semenuk, P.C.J., of the Alberta Provincial Court, who delivered the following reasons for sentence on October 19, 2007.