{ "id": "015", "offence": "Aggravated assault (both Ontario, Court of Appeal)", "jurisdiction": "Ontario", "years": "2019 / 2020", "story": [ "Both cases were decided by the Court of Appeal for Ontario. In both, the accused was convicted of aggravated assault, neither had a record, and both relied on self-defence under s. 34 of the Criminal Code (paras. 17, 10).", "He, Mark Foster, cut John Lavery with a box cutter during a fight and caused a serious injury. He was also convicted of possessing various drugs. The trial court imposed 2 years less a day; on appeal it was reduced to 12 months in custody. The drug sentences and two years of probation remained (paras. 3, 28).", "She, Ashmin Randhawa, stabbed Clayton Pye near the left collarbone during a fight. The trial court found her response disproportionate to the threat. She received 12 months in custody and 2 years of probation; the Crown had asked for 21 months. On appeal the term was replaced with a conditional sentence with probation, a 10-year weapons prohibition and a DNA order (paras. 7, 13, 22, 40).", "The court noted that the trial judge had taken into account that the accused is a petite woman. She was 23 years and 8 months old, a student and a young first offender (paras. 18, 30)." ], "male": { "case": "R. v. Foster", "citation": "2019 ONCA 282", "court": "Court of Appeal for Ontario", "date": "2019-04-09", "charge": "Aggravated assault and possession of various drugs", "outcome": "Sentence appeal allowed in part: term reduced, victim surcharge set aside", "sentence": "2 years less a day, reduced to 12 months in custody", "facts": "Cut Lavery with a box cutter, caused a serious injury; no prior record; the assault was not premeditated (paras. 3, 22, 28).", "source": "https://coadecisions.ontariocourts.ca/coa/coa/en/item/17734/index.do" }, "female": { "case": "R. v. Randhawa", "citation": "2020 ONCA 668", "court": "Court of Appeal for Ontario", "date": "2020-10-23", "charge": "Aggravated assault and assault with a weapon", "outcome": "Conviction appeal dismissed, sentence appeal allowed", "sentence": "Conditional sentence with probation (was 12 months in custody and 2 years of probation)", "facts": "Stabbed Pye near the left collarbone; the Crown asked for 21 months; no prior record (paras. 7, 22, 30, 40).", "source": "https://coadecisions.ontariocourts.ca/coa/coa/en/item/19151/index.do" }, "law": [ "Criminal Code s. 718.2(b)", "Charter s. 15", "Charter s. 28" ], "after": "", "added": "2026-10-17", "evidence": { "male": { "offender_name": { "value": "Mark Foster", "quote": "Mark Foster", "para": "" }, "offence": { "value": "Aggravated assault and possession of various drugs", "quote": "The appellant was convicted of aggravated assault and possession of various drugs.", "para": "1" }, "criminal_code_sections": { "value": "s. 34 (self-defence, referenced in the appeal; no offence section stated)", "quote": "the three elements of self-defence under s. 34 of the Criminal Code", "para": "17" }, "sentence": { "value": "Two years less a day on the aggravated assault charge, reduced to 12 months' imprisonment on appeal; drug sentences concurrent and two years' probation unchanged; victim surcharge deleted", "quote": "In the result, we reduce the sentence on the aggravated assault charge to 12 months’ imprisonment, and delete the victim surcharge.", "para": "28" }, "sentence_months": { "value": "12", "quote": "In the result, we reduce the sentence on the aggravated assault charge to 12 months’ imprisonment, and delete the victim surcharge.", "para": "28" }, "victim": { "value": "John Lavery", "quote": "slashed Mr. Lavery with an X-Acto knife, causing serious injury", "para": "3" }, "criminal_record": { "value": "First offender", "quote": "The appellant is a first offender.", "para": "22" }, "key_facts": { "value": "Appellant slashed victim with an X-Acto knife during an altercation; the trial judge found the assault was an act of aggression; conviction appeal dismissed and sentence reduced on appeal", "quote": "the appellant slashed Mr. Lavery with an X-Acto knife, causing serious injury", "para": "3" }, "aggravating": { "value": "Serious injury to victim; denunciation and deterrence important in aggravated assault", "quote": "we agree with the trial judge’s assessment of the seriousness of the offence and the injuries suffered by the victim", "para": "21" }, "mitigating": { "value": "First offender; assault not premeditated; significant steps in rehabilitation; insight into offending; supportive partner and family", "quote": "The assault was not premeditated", "para": "22" }, "appeal_result": { "value": "Conviction appeal dismissed; sentence reduced from two years less a day to 12 months' imprisonment; victim surcharge deleted", "quote": "In the result, we reduce the sentence on the aggravated assault charge to 12 months’ imprisonment, and delete the victim surcharge.", "para": "28" } }, "female": { "offender_name": { "value": "Ashmin Randhawa", "quote": "Ashmin Randhawa", "para": "" }, "offence": { "value": "Aggravated assault and assault with a weapon", "quote": "one count of aggravated assault and one count of assault with a weapon", "para": "1" }, "criminal_code_sections": { "value": "s. 34 (self-defence provision raised at trial; offence sections not stated)", "quote": "Section 34 of the Criminal Code, which replaced the earlier provisions relating to self-defence in 2013", "para": "10" }, "sentence": { "value": "Suspended sentence with probation, ten-year weapons prohibition and DNA order (on appeal, varied from 12 months custody plus two years probation)", "quote": "vary the sentence to a suspended sentence together with the other terms imposed by the trial judge", "para": "40" }, "sentence_months": { "value": "0", "quote": "vary the sentence to a suspended sentence together with the other terms imposed by the trial judge", "para": "40" }, "crown_position": { "value": "Sought a 21-month jail sentence", "quote": "the Crown sought a 21-month jail sentence", "para": "22" }, "victim": { "value": "Clayton Pye (stabbed)", "quote": "stabbed Mr. Pye with a knife", "para": "2" }, "relationship": { "value": "Victim previously had a romantic relationship with the offender", "quote": "Mr. Pye, who previously had been in a romantic relationship with the appellant", "para": "3" }, "criminal_record": { "value": "First-time offender", "quote": "The appellant, who was 23 years and eight months old, and a student at the time of the offence, was a youthful first-time offender.", "para": "30" }, "offender_age": { "value": "23 years and eight months at time of offence", "quote": "The appellant, who was 23 years and eight months old", "para": "30" }, "key_facts": { "value": "Offender, who had consumed cocaine, stabbed Pye in the clavicle area during a fight in which Heyes had been taken down by wrestlers; trial judge found the force was not life-threatening and her response disproportionate; on appeal, sentence varied to suspended sentence.", "quote": "She then moved towards Mr. Pye, raised her arm, and stabbed him in the left clavicle area.", "para": "7" }, "aggravating": { "value": "Use of a knife; response wholly disproportionate to the threat faced", "quote": "the appellant's conduct was wholly disproportionate to the threat Mr. Heyes faced", "para": "13" }, "mitigating": { "value": "Youthful first-time offender; subjective belief in defending another; continued rehabilitation efforts", "quote": "The fresh evidence, which I would admit, indicates she has continued her efforts to rehabilitate herself.", "para": "33" }, "gender_mentioned_by_court": { "value": "Trial judge noted the appellant is a petite female when assessing relative size of the parties", "quote": "He was well aware that the appellant is a petite female", "para": "18" }, "appeal_result": { "value": "Conviction appeal dismissed; sentence appeal allowed and sentence varied to a suspended sentence", "quote": "I would dismiss the appeal from conviction, grant leave to appeal the sentence, allow the appeal on sentence", "para": "40" } } } }