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Case

R. v. Martinez-Mendez, [2018] A.J. No. 48

Date

2018

Abstract

Sentencing of an accused who pleaded guilty to assault causing bodily harm. The accused attended the victim's home in an intoxicated state. An argument occurred between the accused and the victim and the accused punched the victim in the eye. The victim's two children were home at the time of the offence and the assault was witnessed by the victim's eight-year-old daughter. Since the incident, the victim suffered from migraine headaches. She also continued to experiencing a watering eye and blurred vision. The accused was 37 years of age with no prior record. He had been in Canada since 2005 as a temporary foreign worker from Mexico. He showed genuine remorse for his actions. Since the time of the offence, the accused had taken steps to deal with his alcohol addiction, and he had been sober for three years. The Crown sought a suspended sentence and 12 months probation. The accused sought a conditional discharge.

HELD: Accused sentenced to an 18-month conditional sentence with probation.

Although there were significant aggravating factors, the accused's actions were fueled by alcohol and consisted of a single punch. He had no prior record and a conviction would result in his deportation. A conviction would therefore result in a sentence that was disproportionate and offend the principle of parity. A conditional discharge was in the best interest of the accused and was not contrary to public policy. Sentence: 18-month conditional sentence with probation for assault -- Criminal Code, s. 267(b).

File Attachments

Economic sectors

General relevance - all sectors

Content types

Systemic/state violation of right/freedom

Target groups

Researchers

Geographical focuses

Alberta, México, and National relevance

Languages

English