R. v. T.E.C., (2015) 366 B.C.A.C. 288 (CA)

Judge:Bauman, C.J.B.C., Neilson and Savage, JJ.A.
Court:Court of Appeal of British Columbia
Case Date:January 28, 2015
Jurisdiction:British Columbia
Citations:(2015), 366 B.C.A.C. 288 (CA);2015 BCCA 43
 
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R. v. T.E.C. (2015), 366 B.C.A.C. 288 (CA);

    629 W.A.C. 288

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Temp. Cite: [2015] B.C.A.C. TBEd. FE.015

Regina (respondent) v. T.E.C. (appellant)

(CA041796; 2015 BCCA 43)

Indexed As: R. v. T.E.C.

British Columbia Court of Appeal

Bauman, C.J.B.C., Neilson and Savage, JJ.A.

January 30, 2015.

Summary:

The accused was convicted of assault on his wife. He was given a suspended sentence of 12 months with conditions. He applied for leave to appeal sentence, and if leave was granted, appealed, asserting that the trial judge erred in over-emphasizing the domestic context of the assault, and in failing to recognize that his admission at trial of the facts constituting the assault was a mitigating factor equivalent to a guilty plea. He said this led to an unfit sentence, and an absolute or conditional discharge should be substituted for the suspended sentence.

The British Columbia Court of Appeal granted leave to appeal the 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 5704

Punishments (sentence) - Suspended sentence - Circumstances when appropriate - See paragraphs 1 to 24.

Criminal Law - Topic 5830.6

Sentencing - Considerations on imposing sentence - Relationship of victim to accused - See paragraphs 1 to 24.

Criminal Law - Topic 5831.9

Sentencing - Considerations on imposing sentence - Domestic violence - See paragraphs 1 to 24.

Criminal Law - Topic 5861

Sentence - Assault - See paragraphs 1 to 24.

Cases Noticed:

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81, refd to. [para. 10].

R. v. R.S.G. (2014), 352 B.C.A.C. 240; 601 W.A.C. 240; 2014 BCCA 88, refd to. [para. 13].

R. v. Scott (W.) (2013), 342 B.C.A.C. 178; 585 W.A.C. 178; 2013 BCCA 397, refd to. [para. 17].

R. v. Fallofield (1973), 13 C.C.C.(2d) 450 (B.C.C.A.), refd to. [para. 18].

Counsel:

R.M. Shore, for the appellant;

M. Myhre, for the respondent.

This application and appeal were heard on January 28, 2015, at Vancouver, B.C., by Bauman, C.J.B.C., Neilson and Savage, JJ.A., of the British Columbia Court of Appeal. The following oral reasons for judgment of the Court of Appeal were delivered by Neilson, J.A., on January 30, 2015.

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