Client pleaded guilty to assault on his child. The Crown wanted one year’s jail. The court imposed a suspended sentence with 24 months probation
In R. v. SH, 2024 ABKB 642, the accused, a 54-year-old father with no criminal record, pleaded guilty to assault involving his daughter over a six-year period when she was aged 11-17. The charges arose from disciplinary actions that exceeded lawful bounds under s. 43 of the Criminal Code, including striking her head with knuckles, slapping her buttocks and breasts, and grabbing her inappropriately.
The assaults occurred in the family home where the accused used excessive force during discipline, leaving handprints and causing psychological harm. The victim’s impact statement was “heart-wrenching” but expressed forgiveness and desire for reunification. The accused attributed his actions to normalized corporal punishment from his own upbringing and expressed genuine remorse.
The court referred the matter to restorative justice pre-sentencing under the Honourable Beverley Browne – Wîyasôw Iskweêw – Restorative Justice Project. The accused successfully completed the process, including a restorative circle with his daughter, parenting courses, and counselling. This process facilitated healing and led to the Crown revising their position from 12 months incarceration to a suspended sentence.
The court emphasized that child abuse cases require primary consideration of denunciation and deterrence per s. 718.01 of the Criminal Code. However, the judge balanced these against rehabilitation principles, noting the accused’s guilty plea, completion of restorative justice, family support, and potential for rehabilitation.
Justice imposed a two-year suspended sentence with probation, requiring continued counselling and parenting programs. The sentence balanced deterrence and denunciation with rehabilitation, acknowledging the restorative work completed and the family’s desire for reunification while ensuring ongoing supervision and support for the victim’s safety.
