R. v. K.S.V., 2015 SKPC 35

• Judge: Anand, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: February 23, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKPC 35;(2015), 469 Sask.R. 1 (PC)

R. v. K.S.V. (2015), 469 Sask.R. 1 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. MR.009

Her Majesty the Queen v. K.S.V.

(Information No. 44408618; 2015 SKPC 35)

Indexed As: R. v. K.S.V.

Saskatchewan Provincial Court

Youth Justice Court

Anand, P.C.J.

February 23, 2015.

Summary:

The accused young person pled guilty to robbery and having her face masked with intent to commit an indictable offence. Both offences occurred at the same time.

The Saskatchewan Provincial Court held that the accused had committed a "serious violent offence" (Youth Criminal Justice Act, s. 2(1)), that was psychological in nature. Thus, a deferred custody and supervision order was not available. The court took into account the fact that the accused had spent seven days in pre-sentence custody and credited her with 11 days of a secure custody and supervision order. In addition to the pre-sentence custody she had served, the court sentenced the accused to an additional three month open custody and supervision order followed by 18 months' probation.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5855

Sentence - Robbery - The 16 year old accused was one of four people who robbed a convenience store - She pled guilty to robbery and having her face masked with intent to commit an indictable offence - First offence - The Saskatchewan Provincial Court held that the accused had committed a "serious violent offence" that was psychological in nature - Thus, a deferred custody and supervision order was not available - The court found that the accused followed her adult co-accused, was an active participant who knew that a robbery was going to take place, donned a mask (pulled her hoodie over her face), and took items from the store while the adult co-accused pointed an imitation firearm at the victim - The accused was highly co-operative with police in their investigation - The accused identified as Métis - The court noted that the only Gladue factor was that the accused's mother stated that the accused's First Nation father struggled with addictions issues, which contributed to their marriage breakdown - The court noted that the accused had successfully complied with fairly stringent conditions imposed by her undertaking for the past four months - After taking into account the accused's seven days in pre-sentence custody (credited as 11 days), the court sentenced the accused to an additional three month open custody and supervision order followed by 18 months' probation.

Criminal Law - Topic 5935

Sentence - Disguise with intent - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 8801.2

Young offenders - Decisions (incl. punishments) - "Serious violence offence" defined (incl. when designation made) - The accused young person was one of four people who robbed a convenience store - She pled guilty to robbery and having her face masked with intent to commit an indictable offence - The Saskatchewan Provincial Court found that the victim of the robbery continued to feel fear, as well as feelings of insecurity and suspicion, almost four months after the incident occurred, and these feelings caused him to pray every time he went to work that no similar incidents would occur - This victim's level of psychological injury went beyond apprehensiveness that lingered for only a few days - The accused and her co-accused committed a robbery that caused a psychological hurt or injury that interfered in a substantial way with the victim's psychological integrity, health or well-being - As a result, the accused had committed an offence resulting in serious bodily harm (Youth Criminal Justice Act, s. 2(1)) and a deferred custody and supervision order was not available - See paragraphs 25 to 28.

Criminal Law - Topic 8806

Young offenders - Decisions (incl. punishments) - Sentencing considerations - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 8817.3

Young offenders - Decisions (incl. punishments) - Custody and supervision order (incl. breach and review) - [See Criminal Law - Topic 5855 ].

Cases Noticed:

R. v. Ahenakew (G.L.) (2001), 213 Sask.R. 292; 260 W.A.C. 292 (C.A.), refd to. [para. 6].

R. v. C.D., [2005] 3 S.C.R. 668; 343 N.R. 1; 376 A.R. 258; 360 W.A.C. 258; 2005 SCC 78, refd to. [para. 8].

R. v. D.B., [2008] 2 S.C.R. 3; 374 N.R. 221; 237 O.A.C. 110; 2008 SCC 25, refd to. [para. 9].

R. v. F.H., [2005] O.J. No. 2233 (C.J.), refd to. [para. 12].

R. v. D.N. (2007), 425 A.R. 323; 418 W.A.C. 323; 2007 ABCA 370, refd to. [para. 20].

R. v. V.J.T. (2007), 214 Man.R.(2d) 94; 395 W.A.C. 94; 2007 MBCA 45, refd to. [para. 21].

R. v. J.C. (2010), 361 Sask.R. 98; 2010 SKPC 113, refd to. [para. 23].

R. v. K.I. (2011), 268 Man.R.(2d) 1; 520 W.A.C. 1; 2011 MBCA 11, refd to. [para. 23].

Counsel:

J. Maclean, for the Crown;

T. Talbot, for the Defence.

This case was heard by Anand, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on February 23, 2015.