R. v. R.S.G., 2014 BCCA 88
| Judge | Donald, Frankel and D. Smith, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | March 07, 2014 |
| Jurisdiction | British Columbia |
| Citations | 2014 BCCA 88;(2014), 352 B.C.A.C. 240 (CA) |
R. v. R.S.G. (2014), 352 B.C.A.C. 240 (CA);
601 W.A.C. 240
MLB headnote and full text
Temp. Cite: [2014] B.C.A.C. TBEd. MR.017
Regina (respondent) v. R.S.G. (appellant)
(CA041155; 2014 BCCA 88)
Indexed As: R. v. R.S.G.
British Columbia Court of Appeal
Donald, Frankel and D. Smith, JJ.A.
March 7, 2014.
Summary:
The accused, who had suffered a concussion in a motor vehicle accident, was suffering from a major depressive disorder and under the delusion that his fiancée was being unfaithful to him. Five days before they were to be married, he stabbed his fiancée numerous times, without warning or provocation. Although her injuries were not life threatening, they necessitated three surgeries. She was off work for several months and left with scars on her arms and chronic pain in one of her forearms. The scars continued to affect her mental health, being a constant reminder of the attack. The accused pleaded guilty to aggravated assault and was sentenced to two years less one day's imprisonment. The accused applied for leave to appeal his sentence and, if leave was granted, appealed. He sought an order varying the custodial portion of his sentence to 12 months' imprisonment. He contended that the sentencing judge erred by: (a) overemphasizing denunciation; (b) overemphasizing the need to ensure the safety of the community; and (c) failing to give appropriate weight to his performance while on bail.
The British Columbia Court of Appeal granted leave to appeal sentence and dismissed the appeal.
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 law, publication ban, Maritime Law Book's editorial policy or otherwise.
Criminal Law - Topic 5831.9
Sentencing - Considerations on imposing sentence - Domestic violence - See paragraph 34.
Criminal Law - Topic 5938
Sentence - Aggravated assault - See paragraphs 1 to 43.
Cases Noticed:
R. v. Nasogaluak (L.M.), [2010] 1 S.C.R. 206; 398 N.R. 107; 474 A.R. 88; 479 W.A.C. 88; 2010 SCC 6, refd to. [para. 23].
R. v. Chana (H.S.) (1998), 115 B.C.A.C. 159; 189 W.A.C. 159 (C.A.), refd to. [para. 25].
R. v. Cornishin (T.M.) (1994), 42 B.C.A.C. 78; 67 W.A.C. 78 (C.A.), refd to. [para. 27].
R. v. Craig (G.J.) (2005), 217 B.C.A.C. 211; 358 W.A.C. 211; 201 C.C.C.(3d) 495; 2005 BCCA 484, refd to. [para. 28].
R. v. Stanley, [1986] B.C.J. No. 695 (C.A.), refd to. [para. 34].
R. v. Roadhouse (D.A.) (2012), 330 B.C.A.C. 303; 562 W.A.C. 303; 2012 BCCA 495, refd to. [para. 34].
R. v. Rush (R.T.) (2010), 288 B.C.A.C. 203; 488 W.A.C. 203; 2010 BCCA 293, refd to, [para. 34].
R. v. Cooper (D.W.) (2009), 270 B.C.A.C. 247; 454 W.A.C. 247; 2009 BCCA 208, refd to. [para. 34].
R. v. Stanton (N.C.) (2011), 304 B.C.A.C. 261; 513 W.A.C. 261; 275 C.C.C.(3d) 18; 2011 BCCA 217, refd to. [para. 39].
R. v. Biln (K.S.) (1999), 125 B.C.A.C. 254; 204 W.A.C. 254; 1999 BCCA 369, refd to. [para. 42].
Counsel:
J.R. Ray, for the appellant;
J.R.W. Caldwell, for the respondent.
This application for leave to appeal sentence and sentence appeal were heard at Vancouver, British Columbia, by Donald, Frankel and D. Smith, JJ.A., of the British Columbia Court of Appeal. Frankel, J.A., delivered the following decision for the court on March 7, 2014.
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