Is a defendant entitled to a claim for punitive damages even if he has received a sentence for one of the assaults?

British Columbia, Canada


The following excerpt is from Bellsmith v. Bellsmith, 1996 CanLII 448 (BC SC):

37 Sinclair Prowse J. stated in Willington v. Marshall, supra, at p. 37: In my view, a criminal penalty is one of the factors along with the awards to be made for pecuniary damages, non-pecuniary damages, and aggravated damages that the trier of fact must consider in deciding whether punitive damages should be awarded - that is, in deciding if further punishment is warranted. The trier of fact must consider all of these factors and determine if an award for punitive damages, in all of the circumstances, would result in the defendant being punished twice. If so, an award for punitive damages should not be made. However, this determination is one of fact, not law. The defendant argued that the imposition of a period of incarceration was in itself evidence that the defendant had been punished sufficiently and therefore an award for punitive damages was not available. Although it may be uncommon for the trier of fact to award punitive damages in addition to the imposition of a sentence of imprisonment, he or she is not precluded at law from doing so if in the circumstances of a case, such an award is appropriate. The objective of criminal sentencing is not to punish but rather is to deter the public generally and the accused in particular from committing further criminal offences. The rehabilitation of the accused is considered to be part of his or her deterrence. That is if the accused is rehabilitated, he will also be deterred. ... For these reasons, I have concluded that the plaintiff is entitled to pursue a claim for punitive damages even though the defendant has received a sentence of prison following his conviction for one of the assaults on which this action is based.

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