What is the test for sentencing in a case of assault?
Newfoundland and Labrador, Canada
The following excerpt is from R. v JP, 2020 CanLII 71051 (NL PC):
In SD v. HM Advocate [2015] ScotHC HCJAC 83, it was held at paragraph 12, that in “sentencing in a case of assault” an “assessment of the seriousness of the offence will usually involve consideration of two potentially independent factors, the culpability of the offender’s act and the severity of the consequences of that act. We say potentially independent because the likelihood of it having adverse consequences is relevant to the judgment as to the culpability of a particular act.”
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