Aggravated assault (both Ontario, Court of Appeal) · Ontario · 2019 / 2020 · he — Sentence appeal allowed in part: term reduced, victim surcharge set aside, 2 years less a day, reduced to 12 months in custody; she — Conviction appeal dismissed, sentence appeal allowed, Conditional sentence with probation (was 12 months in custody and 2 years of probation).
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).
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