R. v. Kassa (Y.A.), (2014) 363 B.C.A.C. 271 (CA)

• Judge: Donald, Newbury and MacKenzie, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: November 17, 2014
• Jurisdiction: British Columbia
• Citations: (2014), 363 B.C.A.C. 271 (CA);2014 BCCA 457

R. v. Kassa (Y.A.) (2014), 363 B.C.A.C. 271 (CA);

    624 W.A.C. 271

MLB headnote and full text

Temp. Cite: [2014] B.C.A.C. TBEd. DE.013

Regina (respondent) v. Yonatan Abraham Kassa (appellant)

(CA042043; 2014 BCCA 457)

Indexed As: R. v. Kassa (Y.A.)

British Columbia Court of Appeal

Donald, Newbury and MacKenzie, JJ.A.

November 18, 2014.

Summary:

Kassa pled guilty to the predicate offences. He had been serving a conditional sentence order (CSO) at the time of the offences. He consented to remain in custody until sentencing.

The British Columbia Supreme Court, in a decision reported at [2014] B.C.T.C. Uned. 575, sentenced Kassa to 36.5 months: 60 months less 23.5 months' credit on a 1:1 basis (representing the 30 months and 10 days spent in remand, less the 6.5 months that remained of the CSO). Kassa appealed. The Crown argued that the judge did not take into account the breach of CSO as an aggravating factor, with the result that Kassa's conduct militated against the granting of enhanced credit under s. 719(3.1) of the Criminal Code.

The British Columbia Court of Appeal disagreed with the Crown's argument and allowed the appeal, substituting a sentence of 24 months and 22 days. "It would be requiring too much of busy sentencing judges to enunciate every reason or factor behind their sentencing decisions. The Court is presumed to know the law, and here, where even the defence conceded an aggravating factor, we may safely assume the judge took the breach into account." The Court was not persuaded that Kassa had "manipulated" the system in declining to apply for bail, and "suffered the independent and serious consequences of (a further) six months in jail when the CSO was terminated."

Criminal Law - Topic 5810.2

Sentencing - Sentencing procedure and rights of the accused - Reasons for sentence - See paragraphs 8 and 9.

Criminal Law - Topic 5848.2

Sentencing - Considerations on imposing sentence - Time already served (incl. bail) - See paragraphs 1 to 16.

Cases Noticed:

R. v. Summers (S.) (2014), 456 N.R. 1; 316 O.A.C. 349; 2014 SCC 26, refd to. [para. 1].

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81, refd to. [para. 9].

R. v. Chambers (D.F.) (2014), 362 B.C.A.C. 22; 622 W.A.C. 22; 2014 YKCA 13, refd to. [para. 12].

R. v. Ahmadzai (M.A.) (2013), 335 B.C.A.C. 22; 573 W.A.C. 22; 2013 BCCA 80, refd to. [para. 13].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 719(3), sect. 719(3.1) [para. 10].

Counsel:

G.J. Barriere, for the appellant;

E. Campbell, for the respondent.

This appeal was heard at Vancouver, British Columbia, on November 17, 2014, before Donald, Newbury and MacKenzie, JJ.A., of the British Columbia Court of Appeal. In oral reasons delivered by Newbury, J.A., the Court delivered the following judgment, dated November 18, 2014.