R. v. Wallace (J.B.), (1992) 17 B.C.A.C. 27 (CA)

• Judge: Taylor, Proudfoot and Goldie, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: August 12, 1992
• Jurisdiction: British Columbia
• Citations: (1992), 17 B.C.A.C. 27 (CA)

R. v. Wallace (J.B.) (1992), 17 B.C.A.C. 27 (CA);

    29 W.A.C. 27

MLB headnote and full text

Regina (respondent) v. Joseph Brent Wallace (appellant)

(CA015883)

Indexed As: R. v. Wallace (J.B.)

British Columbia Court of Appeal

Taylor, Proudfoot and Goldie, JJ.A.

August 12, 1992.

Summary:

The accused was convicted of assault causing bodily harm and was sentenced to four months' imprisonment plus 12 months' probation. The victim was his estranged wife. The accused appealed the sentence.

The British Columbia Court of Appeal dismissed the appeal, except for requested variations in the probation order.

Criminal Law - Topic 5831.9

Sentencing - Considerations on imposing sentence - Violence between spouses - [See Criminal Law - Topic 5883 ].

Criminal Law - Topic 5883

Sentence - Assault causing bodily harm - The 26 year old intoxicated accused broke into his 28 year old estranged wife's home and assaulted her - The accused tried to drown her, then beat and kicked her for a half an hour until the wife's sister showed up - The wife was seriously injured and still suffered 1.5 years later - The accused had an alcohol abuse problem and an unrelated criminal record - The British Columbia Court of Appeal dismissed the accused's appeal from a sentence of four months' imprisonment plus 12 months' probation - The court referred to the pre­valence of domestic violence and the need to protect women.

Cases Noticed:

R. v. Goodings (1991), 1 B.C.A.C. 44; 1 W.A.C. 44 (C.A.), refd to. [para. 13].

Counsel:

E. Warren, for the appellant;

E. Bennett, for the respondent.

This appeal was heard on August 12, 1992, at Vancouver, B.C., before Taylor, Proudfoot and Goldie, JJ.A., of the British Columbia Court of Appeal.

On August 12, 1992, the judgment of the Court of Appeal was delivered and the following oral opinions were filed:

Proudfoot, J.A. - see paragraphs 1 to 14, 17 to 19;

Taylor, J.A. - see paragraphs 15, 20, 22;

Goldie, J.A. - see paragraphs 16, 21.