Case Brief For An Ontario Criminal Court Case Law Case Brief

865 words - 4 pages

Case Brief Assignment – Ontario Court of Justice
Scarborough - Toronto
Law 201
Alexander Aston
#20025631
January 23rd 2018
Facts:
· Basil Brown was convicted after trial for assault with a weapon, assault causing bodily harm, and possession of a weapon for a purpose dangerous to the public peace.
· Ms. Battersby (for the Crown) seeks a sentence in the range of 15-18 months less credit for presentence custody.
· Ms. Sherwood (for the defendant) submits that an appropriate sentence is that of a suspended sentence and probation in light of 70 days of presentence custody.
· Basil Brown stabbed the victim multiple times, once in the chest
· Event occurred outside a bar
· Mr. Brown has a criminal record for violence, more specifically Mr. Brown has a criminal history of assault with a weapon and 3 convictions of sexual assault.
· The presentence report shows that Mr. Brown came to Canada from Jamaica at the age of 14, he was raised in a violent environment
· Mr. Brown has a history with alcohol abuse, majority of his criminal offenses are alcohol related (including this one)
· Mr. Brown knew that alcohol had a tendency to make him act more aggressively
· Mr. Brown intentionally brought the knife to the bar as he feared getting attacked, due to the fact that he was attacked there before.
Issues:
· Should Mr. Browns history of repeated alcohol abuse and violent acts trump the fact that he is a paraplegic with 4 children when determining his eventual sentencing?
· Does the fact that Mr. Brown hasn’t been convicted of a crime since 2005 indicate less likelihood of a repeated act of violence?
Statement of Rule:
· The law recognizes that someone who is intoxicated is less morally blameworthy than a person that is sober.
· Mr. Browns attack was not premeditated. The incident occurred during a dispute in which Mr. Brown’s concern for his own safety was somewhat justified
Analysis:
· Should Mr. Browns history of repeated alcohol abuse and violent acts trump the fact that he is a paraplegic with 4 children when determining his eventual sentencing?
It is both proven and acknowledged by Mr. Brown that alcohol tends to influence his behaviour in a violent manner. At some point, it must be brought to the judiciary’s attention that this repeated violent history paired with alcohol abuse could in fact endanger the overall wellbeing of the 4 children. Although the law recognizes that someone who is intoxicated is less morally blameworthy than a person that is sober, Mr. Brown...

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