Card 008: breach of the law “same crime, same sentence” — knife in a family fight in front of children · Ontario · he — 90 days in jail, she — 1 day in jail

knife in a family fight in front of children · Ontario · 2010 / 2016 · he — pleaded guilty, 90 days in jail; she — pleaded guilty, 1 day in jail.

He found out his wife had a lover. He smashed a radio and a fan, hit his wife on the head three times, grabbed a knife and made stabbing motions towards her. Their son begged: "Don't kill mom." His wife took the knife away. No record, guilty plea. Sentence: 90 days in jail on weekends and 2 years of probation.

She fought with her ex over her new boyfriend. She hit and scratched him, swung a metal pipe at him, then chased him with a kitchen knife while he was holding a baby, and stabbed him in the wrist. She screamed that she would kill him. Three small children were present. It was all recorded on his phone. No record, guilty plea. The Crown asked for 6–9 months in jail.

Sentence: 1 day in jail, 6 months at home and 3 years of probation.

Details: both decisions, the law, what happened after

He

Case: R. v. Galapate
Citation: 2010 ONCJ 538
Court: Ontario Court of Justice
Date of decision: 2010-11-05
Charge: assault with a weapon, uttering a death threat, two assaults (wife)
Outcome: pleaded guilty
Sentence: 90 days in jail
Facts: 34, first conviction. Blows to the head, stabbing motions with a knife; the son was present. No knife wound is described in the decision. 90 days on weekends, 2 years of probation (paras. 1, 4–6, 11, 16, 37).
Decision: https://www.canlii.org/en/on/oncj/doc/2010/2010oncj538/2010oncj538.html

She

Case: R. v. Ali
Citation: 2016 ONCJ 658
Court: Ontario Court of Justice
Date of decision: 2016-11-01
Charge: assault with a weapon, assault causing bodily harm, uttering a death threat (ex-partner)
Outcome: pleaded guilty
Sentence: 1 day in jail
Facts: Pipe, knife, a stab to the wrist while he held a baby; children aged 4, 2 and 1; audio recording. No record. 1 day in jail + 6 months at home + 3 years of probation (paras. 4, 7, 18, 35, 38, 44, 86–87).
Decision: https://www.canlii.org/en/on/oncj/doc/2016/2016oncj658/2016oncj658.html

Law

same crime, same sentence — Criminal Code s. 718.2(b) — https://laws-lois.justice.gc.ca/eng/acts/c-46/section-718.2.html
everyone is equal before the law and the courts — Charter s. 15 — https://laws-lois.justice.gc.ca/eng/const/page-12.html
the same rights for men and women — Charter s. 28 — https://laws-lois.justice.gc.ca/eng/const/page-12.html

After

none

Machine version: /api/v1/008.json · added 2026-10-17