R. v. Kaiswatum (A.B.), (2003) 232 Sask.R. 196 (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. 196 (CA);2003 SKCA 57

R. v. Kaiswatum (A.B.) (2003), 232 Sask.R. 196 (CA);

    294 W.A.C. 196

MLB headnote and full text

Temp. Cite: [2003] Sask.R. TBEd. JN.042

Her Majesty the Queen (appellant) v. Allan Brent Kaiswatum (respondent)

(No. 611)

Allan Brent Kaiswatum (appellant) v. Her Majesty the Queen (respondent)

(No. 619)

(2003 SKCA 57)

Indexed As: R. v. Kaiswatum (A.B.)

Saskatchewan Court of Appeal

Vancise, Sherstobitoff and Jackson, JJ.A.

June 5, 2003.

Summary:

The accused was sentenced to nine months' imprisonment for assault with intent to steal while armed, contrary to s. 343(c) of the Criminal Code. Both the Crown and the accused appealed from the sentence.

The Saskatchewan Court of Appeal allowed the Crown's appeal and increased the sentence to 18 months' imprisonment.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5855

Sentence - Robbery - The accused entered a convenience store brandishing a butcher knife and demanded money from the lone clerk - The clerk grabbed an axe handle and left the store - The accused followed the clerk outside and again demanded money - The clerk ran back into the store and locked the door - The accused was a 29 year old aboriginal who had grown up in circumstances of poverty and alcoholism - Six previous convictions - Problem with alcohol abuse - Rated as a medium risk to reoffend - The accused was sentenced to nine months' imprisonment for assault with intent to steal while armed, contrary to s. 343(c) of the Criminal Code - The Saskatchewan Court of Appeal held that the sentence was demonstrably unfit and increased it to 18 months' imprisonment - The court held that a conditional sentence was not appropriate given the circumstances of the offence and the accused's record and rating of risk to reoffend.

Cases Noticed:

R. v. Johnson (K.M.) (1992), 100 Sask.R. 114; 18 W.A.C. 114 (C.A.), refd to. [para. 7].

R. v. Laliberte (D.M.) (1994), 116 Sask.R. 232; 59 W.A.C. 232 (C.A.), refd to. [para. 7].

R. v. Cappo (J.D.) (1994), 120 Sask.R. 309; 68 W.A.C. 309 (C.A.), refd to. [para. 7].

R. v. Stonechild (J.) (1995), 128 Sask.R. 210; 85 W.A.C. 210 (C.A.), refd to. [para. 7].

R. v. Severight (A.D.) (1996), 137 Sask.R. 306; 107 W.A.C. 306 (C.A.), refd to. [para. 7].

R. v. Wiberg (C.A.) (1997), 158 Sask.R. 246; 153 W.A.C. 246 (C.A.), refd to. [para. 7].

R. v. Sangwais (L.D.) (2000), 189 Sask.R. 291; 216 W.A.C. 291 (C.A.), refd to. [para. 7].

R. v. Stroshein (K.B.), [2001] 5 W.W.R. 259; 203 Sask.R. 183; 240 W.A.C. 183 (C.A.), refd to. [para. 7].

R. v. Kahnapace (N.T.) (2001), 207 Sask.R. 247; 247 W.A.C. 247 (C.A.), refd to. [para. 7].

R. v. Ahenakew (G.L.) (2001), 213 Sask.R. 292; 260 W.A.C. 292 (C.A.), refd to. [para. 7].

Counsel:

Corinne Maeder, for Mr. Kaiswatum;

Anthony T. Gerein, for the Crown.

This appeal was heard on June 5, 2003, before Vancise, Sherstobitoff and Jackson, JJ.A., of the Saskatchewan Court of Appeal. The following judgment of the Court of Appeal was delivered orally by Sherstobitoff, J.A., on June 5, 2003, and was released in writing on June 12, 2003.