R. v. Kaytor (S.A.), 2015 SKQB 105

• Judge: McMurtry, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 10, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKQB 105;(2015), 473 Sask.R. 212 (QB)

R. v. Kaytor (S.A.) (2015), 473 Sask.R. 212 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. AP.052

Her Majesty the Queen v. Stephen A. Kaytor

(2012 CNJ No. 8; 2015 SKQB 105)

Indexed As: R. v. Kaytor (S.A.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

McMurtry, J.

April 10, 2015.

Summary:

The accused was charged with trafficking in cocaine respecting a 2011 incident. He was released from custody on a recognizance. He remained in the community until he was arrested on February 8, 2014, for breaching his curfew and being in possession of crack cocaine. He was found guilty of the 2011 offence. With respect to the 2014 offences, he pleaded guilty to possession of cocaine for the purposes of trafficking and to breaching his recognizance.

The Saskatchewan Court of Queen's Bench sentenced the accused to six months' imprisonment for the 2011 trafficking charge, after giving two months' credit for remand time; time served for the charge of possession for the purpose of trafficking, after giving 20 months' credit for remand time; and one month for the breach of recognizance, to be served concurrently with the sentence for possession for the purpose of trafficking. The court also imposed an 18 month probation order and a lifetime firearms prohibition order under s. 109 of the Criminal Code.

Criminal Law - Topic 3080

Special powers - Forensic DNA analysis - When DNA sample order available or appropriate - The accused was convicted of trafficking in cocaine - He pleaded guilty to possession of cocaine for the purposes of trafficking and to breaching his recognizance - The Saskatchewan Court of Queen's Bench, in sentencing the accused, refused to impose a DNA order given the breach of privacy and security of the person involved in such an order and because the offences did not involve violence and DNA would not have assisted the authorities in prosecuting the offences - See paragraph 26.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The 35 year old accused was part of a dial-a-dope style operation - In 2011, he sold one gram of crack cocaine to an undercover police officer and was charged with trafficking - He was released from custody on a recognizance - He remained in the community until he was arrested on February 8, 2014, for breaching his curfew and being in possession of 140 grams of crack cocaine - He was found guilty of the 2011 offence - With respect to the 2014 offences, he pleaded guilty to possession for the purposes of trafficking and to breaching his recognizance - He was an addict engaged in trafficking to pay for his drug use - He had a lengthy criminal record which included robbery, possession of a weapon, possession of a controlled substance, impaired driving and a number of convictions for failing to follow court orders - He was a high risk to re-offend - His risk factors were substance abuse, peers, self-management, employment and residence instability, and his attitude towards offending - The Saskatchewan Court of Queen's Bench noted that the accused had spent 22 months in custody and that further custodial time was unlikely to increase the deterrent value of a jail sentence - Strict supervision in the community while he underwent a period of rehabilitation was arguably a more effective way to address his re-offending - However, the court refused to impose a conditional sentence as it was unlikely to withstand a sentence appeal - The court sentenced the accused to six months' imprisonment for the 2011 trafficking charge, after giving two months' credit for remand time; time served for the charge of possession for the purpose of trafficking, after giving 20 months' credit for remand time; and one month for the breach of recognizance, to be served concurrently with the sentence for possession - The court also imposed an 18 month probation order and a lifetime firearms prohibition order.

Criminal Law - Topic 5830.8

Sentencing - Considerations on imposing sentence - Drug and narcotic offences - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic or a controlled drug or substance (incl. possession for the purpose of trafficking) - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - [See Criminal Law - Topic 5720.4 ].

Cases Noticed:

R. v. McCallum (A.D.) (2012), 407 Sask.R. 61; 2012 SKPC 162, refd to. [para. 15].

R. v. Pankewich (K.J.) et al. (2002), 217 Sask.R. 111; 265 W.A.C. 111; 161 C.C.C.(3d) 534; 2002 SKCA 7, refd to. [para. 16].

R. v. McIntyre (M.R.) (2012), 405 Sask.R. 28; 563 W.A.C. 28; 2012 SKCA 111, refd to. [para. 20].

R. v. Leitner (T.K.) (2013), 411 Sask.R. 79; 2013 SKQB 1, refd to. [para. 21].

R. v. Dexter (K.K.) (2013), 411 Sask.R. 254; 2013 SKQB 18, refd to. [para. 21].

Counsel:

Hal Wellsch, for the Crown;

Bob Hrycan, for the accused.

This sentencing was heard by McMurtry, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on April 10, 2015.