What is the appropriate sentence for an assault where the victim sustained injuries to the head, neck, back and lower back?

Ontario, Canada


The following excerpt is from R. v. Harding, 2009 CanLII 6839 (ON SC):

In their helpful submissions, both counsel cited numerous cases to me in support of their positions on sentence. As is often the case, there was no one case that provided me with precise guidance in determining the appropriate sentence in this case. Indeed, and fortunately so, it is difficult to find the fact scenario in this case replicated in other reported cases. Nevertheless, I find the decision of MacDonnell J. (then of the Ontario Court of Justice) in Regina v. Mohamed, [1997] O.J. No. 1556 (C.J.) to be very helpful in reviewing the range of sentence and the applicable sentencing principles for especially serious cases of spousal assault where injuries are caused.

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