R. v. Blind (L.), (2013) 432 Sask.R. 123 (PC)

• Judge: Kalmakoff, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: November 05, 2013
• Jurisdiction: Saskatchewan
• Citations: (2013), 432 Sask.R. 123 (PC);2013 SKPC 168

R. v. Blind (L.) (2013), 432 Sask.R. 123 (PC)

MLB headnote and full text

Temp. Cite: [2013] Sask.R. TBEd. NO.016

Her Majesty the Queen v. Levi Blind

(Information No. 44739578; 2013 SKPC 168)

Indexed As: R. v. Blind (L.)

Saskatchewan Provincial Court

Kalmakoff, P.C.J.

November 5, 2013.

Summary:

The aboriginal accused pled guilty to aggravated assault. When he was almost 20 years old, he was at a house party and stabbed his friend twice with a kitchen knife, including once in the heart. Somehow, the victim survived.

The Saskatchewan Provincial Court sentenced the accused to 21 months' imprisonment, to be followed by a year of probation.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 5834

Sentencing - Considerations on imposing sentence - Circumstances tending to increase sentence - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - The aboriginal accused pled guilty to aggravated assault - When he was almost 20 years old, he was at a house party and stabbed his friend twice with a kitchen knife, including once in the heart - Somehow, the victim survived - Over-consumption of alcohol played a major role in the offence - The Saskatchewan Provincial Court stated that the factors related to the accused's aboriginal heritage did not diminish his moral blameworthiness to such a degree as to make a non-custodial sentence appropriate (Criminal Code, s. 718.2(e)) - He was not an active member of, nor did he have a strong connection to, a First Nations community - His offence was committed in the City of Regina - The court considered the systemic and background factors mentioned in R. v. Ipeelee and R. v. Gladue (both S.C.C. decisions) as factors which impacted on the accused's moral blameworthiness, even if he was not consciously aware of or did not acknowledge those factors - They were mitigating but they did not diminish his moral blameworthiness to the degree that a non-custodial sentence was appropriate - A non-custodial sentence would not be proportionate to the offence's gravity or the accused's degree of responsibility - See paragraph 33.

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 5938

Sentence - Aggravated assault - The aboriginal accused pled guilty to aggravated assault - When he was almost 20 years old, he was at a house party and stabbed his friend twice with a kitchen knife, including once in the heart - Somehow, the victim survived - Over-consumption of alcohol played a major role in the offence - Now aged 21, he was a supportive partner and devoted father - Good provider - No prior record - Remorseful - The Saskatchewan Provincial Court stated that while the offence could be described as very much out of character, the evidence also indicated that alcohol tended to bring out the worst in the accused - Since the offence, the accused had received addictions counselling through his bail conditions, but his performance had been unencouraging - Aggravating factors were: the accused spent a good deal of time provoking the initial confrontation, he used a weapon against an unarmed person, and he voluntarily became extremely intoxicated knowing that he did not mix well with alcohol - Factors related to the accused's aboriginal heritage did not diminish his moral blameworthiness to such a degree as to make a non-custodial sentence appropriate - Specific deterrence was not an issue - Denunciation and general deterrence were primary factors - A non-custodial sentence would not be proportionate to the gravity of the offence or the degree of the accused's responsibility - The court sentenced the accused to 21 months' imprisonment, to be followed by a year of probation.

Cases Noticed:

R. v. Nasogaluak (L.M.), [2010] 1 S.C.R. 206; 398 N.R. 107; 474 A.R. 88; 479 W.A.C. 88; 2010 SCC 6, refd to. [para. 15].

R. v. Solowan (K.S.T.), [2008] 3 S.C.R. 309; 381 N.R. 191; 261 B.C.A.C. 27; 440 W.A.C. 27; 2008 SCC 62, refd to. [para. 17].

R. v. J.L.M.A. (2010), 499 A.R. 1; 514 W.A.C. 1; 2010 ABCA 363, refd to. [para. 17].

R. v. Arcand - see R. v. J.L.M.A.

R. v. Ipeelee (M.), [2012] 1 S.C.R. 433; 428 N.R. 1; 288 O.A.C. 224; 318 B.C.A.C. 1; 541 W.A.C. 1; 2012 SCC 13, refd to. [para. 17].

R. v. Yuzicapi (D.L.) (2010), 377 Sask.R. 133; 528 W.A.C. 133; 2011 SKCA 134, refd to. [para. 18].

R. v. Dufault (G.J.) (1995), 128 Sask.R. 235; 85 W.A.C. 235 (C.A.), refd to. [para. 22].

R. v. Sayazie (C.A.) (2010), 346 Sask.R. 147; 477 W.A.C. 147; 2010 SKCA 14, refd to. [para. 22].

R. v. C.G.S. (2005), 269 Sask.R. 247; 357 W.A.C. 247; 2005 SKCA 65, refd to. [para. 22].

R. v. Cook, 2013 SKCA (Sent.Dig.) 6, refd to. [para. 28].

R. v. Naistus (K.W.) (2004), 254 Sask.R. 318; 336 W.A.C. 318; 2004 SKCA 142, refd to. [para. 28].

R. v. Gosselin (J.D.) (1997), 158 Sask.R. 244; 153 W.A.C. 244 (C.A.), refd to. [para. 28].

R. v. Starblanket (1988), 67 Sask.R. 244 (C.A.), refd to. [para. 28].

R. v. Bird, 1991 SKCA (Sent.Dig.) 117, refd to. [para. 28].

R. v. Pelletier, 1989 SKCA (Sent.Dig.) 44, refd to. [para. 28].

R. v. Fiddler, 2005 SKCA (Sent.Dig.) 21, refd to. [para. 28].

R. v. Belanger, 2004 SKCA (Sent.Dig.) 26, refd to. [para. 28].

R. v. Laliberte (R.E.) (2013), 412 Sask.R. 120; 2013 SKQB 25, refd to. [para. 28].

R. v. Kim (D.) (2011), 375 Sask.R. 68; 525 W.A.C. 68; 2011 SKCA 74, refd to. [para. 28].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 33].

R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161; 2000 SCC 5, refd to. [para. 34].

R. v. Dunn (B.J.) (2011), 369 N.B.R.(2d) 271; 952 A.P.R. 271; 2011 NBCA 19, refd to. [para. 34].

R. v. Taylor (W.B.) (1997), 163 Sask.R. 29; 165 W.A.C. 29 (C.A.), refd to. [para. 34].

R. v. Rawn (H.A.-M.) (2012), 294 O.A.C. 261; 2012 ONCA 487, refd to. [para. 34].

R. v. B.W.P.; R. v. B.V.N., [2006] 1 S.C.R. 941; 350 N.R. 1; 227 B.C.A.C. 1; 374 W.A.C. 1; 205 Man.R.(2d) 282; 375 W.A.C. 282; 2006 SCC 27, refd to. [para. 34].

R. v. J.C.K. (2013), 542 A.R. 242; 566 W.A.C. 242; 2013 ABCA 50, refd to. [para. 35].

Counsel:

Mitchell Miller, for the Crown;

Karolee Zawislak, for the accused.

This sentencing matter was heard at Regina, Saskatchewan, by Kalmakoff, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on November 5, 2013.