Defence appeal from 7 year sentence for aggravated assault. Original sentence was a joint submission. Accused became involved in a heated argument with his wife, one of his children, and a niece, who assaulted the accused leaving him with a broken nose. Later in the altercation, the accused’s child introduced a metal pipe. Accused gained control of the pipe and struck all 3 victims, causing bruising and lacerations.
Held: Appeal allowed, sentence reduced to 3.5 years jail.
“It is unusual to hear appeals from a sentence that was imposed in response to a joint submission … But this is one of those rare cases. We think the sentence was too high.” The accused had been assaulted, he did not introduce the weapon, and the injuries caused to the victims were far from permanent.
S. Fix – Defence Counsel