SENTENCING - Aggravated assault - Particular sanctions - Imprisonment

Law360 Canada (April 21, 2023, 6:40 AM EDT) -- Appeal by the Crown from the sentence imposed to Jimmy for aggravated assault. The Crown argued that the trial judge failed to follow the principled approach to sentencing and did not comply with the fundamental sentencing principle of proportionality. Jimmy and Parenteau were both drinking. At some point, a dispute arose between them. Parenteau punched Jimmy and pushed him back against a kitchen cupboard. Jimmy responded by punching Parenteau in the face and knocking him to the floor. Jimmy then proceeded to stomp on and kick Parenteau’s head and body, delivering at least five to ten blows of that nature while Parenteau lay there, defenceless. Parenteau was gravely injured. His injuries were life-altering. Parenteau’s skull caused a diffuse axonal injury and left him with a lasting facial droop and slurred speech, as well as permanent impairment of his memory, cognitive function, physical mobility and motor skills. He had to undergo extensive physical therapy to retrain himself to walk and talk. Jimmy argued for an acquittal on the basis of self-defence. He was found guilty of aggravated assault. The Crown sought a five-year sentence highlighting the seriousness of the assault and the lasting impact of the injuries inflicted on Parenteau. The trial judge imposed a sentence of imprisonment of two years less a day. He reduced that by 38 days to account for pre-sentence custody and also imposed a two-year probation order, with conditions....
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