R. v. Cantell (H.J.), (2003) 232 Sask.R. 206 (CA)

• Judge: Vancise, Sherstobitoff and Jackson, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: June 05, 2003
• Jurisdiction: Saskatchewan
• Citations: (2003), 232 Sask.R. 206 (CA);2003 SKCA 53

R. v. Cantell (H.J.) (2003), 232 Sask.R. 206 (CA);

    294 W.A.C. 206

MLB headnote and full text

Temp. Cite: [2003] Sask.R. TBEd. JN.045

Henry James Cantell (appellant) v. Her Majesty the Queen (respondent)

(No. 616; 2003 SKCA 53)

Indexed As: R. v. Cantell (H.J.)

Saskatchewan Court of Appeal

Vancise, Sherstobitoff and Jackson, JJ.A.

June 5, 2003.

Summary:

The accused was convicted of causing a disturbance, uttering a death threat and resisting arrest. The sentencing judge sentenced the accused to 18 months' imprisonment. The accused appealed.

The Saskatchewan Court of Appeal allowed the appeal and reduced the sentence to nine months.

Criminal Law - Topic 5888

Sentence - Resisting or obstructing a peace officer - The 51 year old accused was found extremely intoxicated on a public street and taken into custody - The following day, he was extremely intoxicated at a pool hall - He was arrested - The accused told the owner of the pool hall, a person on the street and the arresting officer that he would kill them - The accused was convicted of causing a disturbance, uttering a death threat and resisting arrest - The accused had 78 prior convictions since 1969 - Most were alcohol related - The sentencing judge sentenced the accused to 18 months' imprisonment - The Saskatchewan Court of Appeal held that the sentence was not proportional to the gravity of the offences and could not be justified in light of similar sentences imposed on similar offenders - The court reduced the sentence to nine months.

Criminal Law - Topic 5895

Sentence - Threats - [See Criminal Law - Topic 5888 ].

Criminal Law - Topic 5912

Sentence - Causing public disturbance - [See Criminal Law - Topic 5888 ].

Counsel:

The appellant appearing on his own behalf;

Lana Krogan, for the respondent.

This appeal was heard on June 5, 2003, by Vancise, Sherstobitoff and Jackson, JJ.A., of the Saskatchewan Court of Appeal. The following decision was delivered orally by Jackson, J.A., on the same date and released in writing on June 6, 2003.