R. v. Klotz (C.T.), (2015) 451 Sask.R. 237 (CA)
| Judge | Richards, C.J.S., Lane and Jackson, JJ.A. |
| Court | Court of Appeal (Saskatchewan) |
| Case Date | January 22, 2015 |
| Jurisdiction | Saskatchewan |
| Citations | (2015), 451 Sask.R. 237 (CA);2015 SKCA 7 |
R. v. Klotz (C.T.) (2015), 451 Sask.R. 237 (CA);
628 W.A.C. 237
MLB headnote and full text
Temp. Cite: [2015] Sask.R. TBEd. FE.001
Corey Thomas Klotz (appellant) v. Her Majesty the Queen (respondent)
(CACR2459; 2015 SKCA 7)
Indexed As: R. v. Klotz (C.T.)
Saskatchewan Court of Appeal
Richards, C.J.S., Lane and Jackson, JJ.A.
January 22, 2015.
Summary:
The accused pleaded guilty to break and enter. The Crown sought 18 months' imprisonment less credit for pre-trial custody. The accused sought 7-9 months' imprisonment. The trial judge sentenced the accused to 23 months' imprisonment, less credit for pre-trial custody. The accused appealed, arguing that the trial judge erred in imposing a sentence higher than sought by the Crown and failed to take into account the 14 year gap between the offence and his last break and enter conviction.
The Saskatchewan Court of Appeal allowed the appeal and reduced the sentence to 18 months' imprisonment, less credit for pre-trial custody.
Criminal Law - Topic 5832
Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5851 ].
Criminal Law - Topic 5842
Sentencing - Considerations on imposing sentence - Previous criminal offences (incl. not criminally responsible, repeat, dangerous or long-term offenders) - [See Criminal Law - Topic 5851 ].
Criminal Law - Topic 5851
Sentence - Break and enter - The accused pleaded guilty to break and enter - He was caught red-handed removing a safe from commercial premises - His intention was to sell it for scrap metal - The accused had a significant record of 15-17 break and enters, but the last two were committed 14 and 20 years ago respectively - The Crown sought 18 months' imprisonment less credit for pre-trial custody - The accused sought 7-9 months' imprisonment - The trial judge, emphasizing the need for specific deterrence given the persistent history of break and enters (and the lack of any meaningful prior punishment) sentenced the accused to 23 months' imprisonment, less credit for pre-trial custody - The Saskatchewan Court of Appeal allowed the accused's sentence appeal and reduced the sentence to that sought by the Crown (18 months' imprisonment less remand time) - The trial judge erred in finding that the accused " continues to steal other people's property", as "The extensive gaps in the appellant's record between convictions for breaking and entering does not indicate 'continuous' criminal activity and were given no weight by the sentencing judge" - The trial judge also erred in ignoring the accused's rehabilitation efforts to deal with alcoholism and addiction to painkillers resulting from a workplace accident.
Counsel:
Andrew Lyster, for the appellant;
Erin Schroh, for the respondent.
This appeal was heard on January 22, 2015, before Richards, C.J.S., Lane and Jackson, JJ.A., of the Saskatchewan Court of Appeal.
The judgment of the Court was delivered orally by Lane, J.A., on January 22, 2015, and filed in writing on January 27, 2015.
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R. v. Foley,
...in case law as factors bearing on an appropriate sentence (see R v Kennedy, (1972), 5 CCC (2d) 373 (Sask CA) and R v Klotz, 2015 SKCA 7). [66] In R v Oxford, 2010 NLCA 45, the court held that “[t]he gap principle is given effect even if the p......
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R v Noltcho,
...law, the past record should not be a too material factor in determining an appropriate sentence” (at 375). [28] Similarly, in R v Klotz, 2015 SKCA 7, 451 Sask R 237, this Court reduced the sentence imposed by the sentencing judge, finding that the “extensive gaps in the appellant’s record b......
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R. v. BIRD,
...material factor in determining an appropriate sentence” (at 375). [28] Similarly, in R v Klotz, 2015 SKCA 7, 451 Sask R 237, this Court reduced the sentence imposed by the sentencing judge, finding that the “extensive gaps in the appellant&#......
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John v. Samuel, 2018 ONSC 5651
...constituent elements of each cause of action along with material facts in support of those alleged causes of action: see Hope v. Gourlay, 2015 SKCA 7; Carbone v. DeGroote, 2014 ONSC 6146; Prinzo v. Baycrest Centre for Geriatric Care (2002), 215 DLR (4th) 31; Mustapha v. Culligan of Canada L......
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R. v. Foley,
...in case law as factors bearing on an appropriate sentence (see R v Kennedy, (1972), 5 CCC (2d) 373 (Sask CA) and R v Klotz, 2015 SKCA 7). [66] In R v Oxford, 2010 NLCA 45, the court held that “[t]he gap principle is given effect even if the p......
-
R v Noltcho,
...law, the past record should not be a too material factor in determining an appropriate sentence” (at 375). [28] Similarly, in R v Klotz, 2015 SKCA 7, 451 Sask R 237, this Court reduced the sentence imposed by the sentencing judge, finding that the “extensive gaps in the appellant’s record b......
-
R. v. BIRD,
...material factor in determining an appropriate sentence” (at 375). [28] Similarly, in R v Klotz, 2015 SKCA 7, 451 Sask R 237, this Court reduced the sentence imposed by the sentencing judge, finding that the “extensive gaps in the appellant&#......
-
John v. Samuel, 2018 ONSC 5651
...constituent elements of each cause of action along with material facts in support of those alleged causes of action: see Hope v. Gourlay, 2015 SKCA 7; Carbone v. DeGroote, 2014 ONSC 6146; Prinzo v. Baycrest Centre for Geriatric Care (2002), 215 DLR (4th) 31; Mustapha v. Culligan of Canada L......