R. v. L.T.W., (2006) 280 Sask.R. 254 (QB)

• Judge: Konkin, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 13, 2006
• Jurisdiction: Saskatchewan
• Citations: (2006), 280 Sask.R. 254 (QB);2006 SKQB 9

R. v. L.T.W. (2006), 280 Sask.R. 254 (QB)

MLB headnote and full text

Temp. Cite: [2006] Sask.R. TBEd. MY.068

L.T.W. (appellant) v. Her Majesty the Queen (respondent)

(2005 Q.B. No. 66; 2006 SKQB 9)

Indexed As: R. v. L.T.W.

Saskatchewan Court of Queen's Bench

Judicial Centre of Swift Current

Konkin, J.

January 13, 2006.

Summary:

The accused was convicted of sexual assault and was sentenced to three months' imprisonment plus one year of probation. The accused appealed from his conviction and sentence.

The Saskatchewan Court of Queen's Bench dismissed the conviction appeal. However, the court allowed the sentence appeal and substituted a three month conditional sentence. All other aspects of the sentence would remain as ordered.

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 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - The 13 year old complainant claimed that while she was in the accused's store, the accused grabbed her breasts from behind and squeezed them and that he then asked her if she wanted to go downstairs and make some money - The accused was convicted of sexual assault - He had no prior record and the offence appeared to be an isolated incident - The accused was 73 years old and had health problems - He supported a spouse and a disabled adult daughter - The trial judge held that a conditional sentence was not available considering the principles of denunciation and deterrence - The accused was sentenced to three months' imprisonment and one year of probation - The accused appealed from the sentence - The Saskatchewan Court of Queen's Bench allowed the appeal and substituted a three month conditional sentence - All other aspects of the sentence would remain as ordered - Denunciation and deterrence could be accomplished by the conditions attached to a sentence to be served in the community - See paragraphs 28 to 51.

Cases Noticed:

R. v. S.E.M. (2005), 265 Sask.R. 193; 2005 SKQB 213, refd to. [para. 5].

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352, refd to. [para. 23].

R. v. R.W., [1992] 2 S.C.R. 122; 137 N.R. 214; 54 O.A.C. 164, refd to. [para. 25].

R. v. Jackson (D.H.), [1994] 3 W.W.R. 125; 116 Sask.R. 146; 59 W.A.C. 146; 87 C.C.C.(3d) 56 (C.A.), refd to. [para. 29].

R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161; 2000 SCC 5, refd to. [para. 34].

R. v. D.J.J. (1998), 172 Sask.R. 182; 185 W.A.C. 182 (C.A.), refd to. [para. 35].

R. v. L.T. (2005), 261 Sask.R. 256; 2005 SKPC 31, consd. [para. 37].

R. v. M.S., [2003] 11 W.W.R. 27; 232 Sask.R. 28; 294 W.A.C. 28; 2003 SKCA 33, consd. [para. 37].

Counsel:

Ian D. McKay, Q.C., for the appellant;

Glen J. Herman, for the respondent.

This appeal was heard before Konkin, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Swift Current, who delivered the following decision on January 13, 2006.