Jail Avoided in Vicious 2×4 Beatings


CC: s.267(a) – Assault with a Weapon x 2, s.266 – Assault


My client first assaulted someone at a drunken house party. Then, soon after, my client and her brother attacked this same victim, as well as her husband, using 2×4’s. Both victims suffered serious injuries to their bodies, heads and faces. My client had previous history of violence, including one prior conviction for assault.


After trial, my client was only convicted of one of the three charges. The Crown was seeking a period a incarcertion. I argued that while, jail was appropriate in the circumstances, it was not contrary to the public interest for it to be served in the community. The judge agreed and sentenced my client to a Conditional Sentence Order for 6 months, followed by a period of probation for another 12 months. No jail.