R. v. Merasty (C.), (2012) 401 Sask.R. 12 (QB)

• Judge: Maher, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: June 14, 2012
• Jurisdiction: Saskatchewan
• Citations: (2012), 401 Sask.R. 12 (QB);2012 SKQB 268

R. v. Merasty (C.) (2012), 401 Sask.R. 12 (QB)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. JL.059

Her Majesty the Queen (Crown) v. Cyrus David Merasty (defendant)

(2010 CR No. 14; 2012 SKQB 268)

Indexed As: R. v. Merasty (C.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Maher, J.

June 14, 2012.

Summary:

The 39 year old Métis accused was convicted of having his face masked (count one) while attempting a robbery armed with a knife (count two), mischief and wilful damage to property (count three) and a breach of a recognizance (count four) (see [2012] Sask.R. Uned. 7).

The Saskatchewan Court of Queen's Bench sentenced the accused to one year's imprisonment on count one to be served consecutively to the sentence on count two, 5.5 years on count two and one year concurrent on each of counts three and four. The total sentence of 6.5 years' imprisonment was reduced to five years after allowing the accused one-to-one credit for 18 months of remand. The court also made a DNA order and imposed a lifetime prohibition respecting firearms.

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - The 39 year old Métis accused was convicted of having his face masked (count one) while attempting a robbery armed with a knife (count two), mischief and wilful damage to property (count three) and a breach of a recognizance (count four) - The Saskatchewan Court of Queen's Bench sentenced the accused to one year's imprisonment on count one to be served consecutively to the sentence on count two, 5.5 years on count two and one year concurrent on each of counts three and four - The total sentence of 6.5 years' imprisonment was reduced to five years after allowing the accused one-to-one credit for 18 months of remand - In applying the Gladue principles, the court noted that the accused had experienced family breakdown and poverty and was affected by substance abuse - He had been an itinerant person for most of his life - The crimes required denunciation within the community for deterrence - The community at large and the accused's community were one and the same - While there were certain facilities within the community for supervision, given the nature of the offences and the accused's criminal record, incarceration was the only alternative.

Criminal Law - Topic 5848.2

Sentencing - Considerations on imposing sentence - Time already served (incl. bail) - [See Criminal Law - Topic 5846.1 ].

Criminal Law - Topic 5855

Sentence - Robbery - [See Criminal Law - Topic 5846.1 ].

Criminal Law - Topic 5890

Sentence - Mischief (includes vandalism) - [See Criminal Law - Topic 5846.1 ].

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - [See Criminal Law - Topic 5846.1 ].

Criminal Law - Topic 5914

Sentence - Attempt to commit offence - [See Criminal Law - Topic 5846.1 ].

Criminal Law - Topic 5935

Sentence - Disguise with intent - [See Criminal Law - Topic 5846.1 ].

Cases Noticed:

R. v. Stonechild (J.) (1995), 128 Sask.R. 210; 85 W.A.C. 210 (C.A.), refd to. [para. 10].

R. v. Bowman (1988), 67 Sask.R. 314 (C.A.), refd to. [para. 11].

R. v. Warkentin (C.) (1994), 125 Sask.R. 236; 87 W.A.C. 236 (C.A.), refd to. [para. 12].

R. v. Sangwais (L.D.) (2000), 189 Sask.R. 291; 216 W.A.C. 291; 2000 SKCA 49, refd to. [para. 13].

R. v. Edinborough (G.S.) (2010), 357 Sask.R. 68; 2010 SKQB 167, refd to. [para. 14].

R. v. Laliberte (R.) (2011), 376 Sask.R. 116; 2011 SKQB 263, refd to. [para. 15].

R. v. Drouin (M.G.) (1994), 125 Sask.R. 49; 81 W.A.C. 49 (C.A.), refd to. [para. 22].

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. 23].

R. v. Gallant (A.S.) (2004), 220 N.S.R.(2d) 318; 694 A.P.R. 318; 2004 NSCA 7, refd to. [para. 23].

R. v. A.S.G. - see R. v. Gallant (A.S.).

R. v. Adams (P.F.) (2010), 291 N.S.R.(2d) 206; 922 A.P.R. 206; 255 C.C.C.(3d) 150; 2010 NSCA 42, refd to. [para. 24].

Counsel:

S. Blackman, for the Crown;

D. Blenner-Hassett, for the defence.

This matter was heard by Maher, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who delivered the following sentencing decision on June 14, 2012.