R. v. Papp (J.), 2014 SKPC 211

• Judge: Martinez, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: December 17, 2014
• Jurisdiction: Saskatchewan
• Citations: 2014 SKPC 211;(2014), 463 Sask.R. 314 (PC)

R. v. Papp (J.) (2014), 463 Sask.R. 314 (PC)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. DE.080

Her Majesty the Queen v. Janos Papp

(Information No. 24460560; 2014 SKPC 211)

Indexed As: R. v. Papp (J.)

Saskatchewan Provincial Court

Martinez, P.C.J.

December 17, 2014.

Summary:

The accused pleaded guilty to (1) carrying a weapon for a purpose dangerous to the public peace (Criminal Code, s. 88); (2) assault with a weapon (s. 267(a)); and (3) assault causing bodily harm (s. 267(b)). The Crown proceeded by summary conviction.

The Saskatchewan Provincial Court imposed a six month conditional sentence order on the s. 88 charge, and a concurrent global sentence consisting of an 18 month conditional sentence order for the remaining charges.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - When Papp was very drunk, his girlfriend lied and told him that she had just been raped by a group of young people who were partying near a dam - Papp went to the dam, drove his all-terrain vehicle into two people and wielded a loaded handgun to threaten and intimidate the group - One person was injured when a stray bullet from the gun grazed his cheek - The group knocked Papp to the ground and beat him up - Papp sustained significant damage to his left eye socket which left his face permanently disfigured - The beating also broke some of the wires that held his ribcage together following heart surgery he had undergone before the incident - The Crown proceeded by summary conviction - Papp pleaded guilty to carrying a weapon for a dangerous purpose (count 1), assault with a weapon, and assault causing bodily harm - 57 years old - No criminal record - Remorseful - The Saskatchewan Provincial Court held that an unusual but relevant mitigating factor was that Papp sustained more severe injuries than his victims - He was unlikely to re-offend - The community would not be endangered if he was allowed to serve his sentence in the community - Accordingly, the court imposed a six month conditional sentence order on count 1, and a concurrent global sentence consisting of an 18 month conditional sentence order for the remaining charges.

Criminal Law - Topic 5830.2

Sentencing - Considerations on imposing sentence - Injuries to accused - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5871

Sentence - Possession and use or sale of weapons or ammunition - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5883

Sentence - Assault with a weapon or assault causing bodily harm - [See Criminal Law - Topic 5720.4 ].

Cases Noticed:

R. v. Hoskin (M.W.) (1991), 3 B.C.A.C. 165; 7 W.A.C. 165; 1991 CanLII 1800 (C.A.), refd to. [para. 16, footnote 1].

R. v. Thunder, 1979 ALTASCAD 33, refd to. [para. 16, footnote 2].

R. v. Alkhatib (C.M.) (2007), 262 N.S.R.(2d) 31; 839 A.P.R. 31; 2007 NSSC 294, refd to. [para. 16, footnote 3].

R. v. Middleton (T.), [2009] 1 S.C.R. 674; 388 N.R. 89; 251 O.A.C. 349; 2009 SCC 21, refd to. [para. 16, footnote 4].

R. v. Swenson (R.D.), [1994] 9 W.W.R. 124; 123 Sask.R. 106; 74 W.A.C. 106 (C.A.), refd to. [para. 21, footnote 5].

R. v. Boyko (J.) (2003), 231 Sask.R. 57; 2003 SKQB 139, refd to. [para. 21, footnote 6].

R. v. Deane (K.), [1997] O.J. No. 3578 (C.J.), affd. (2000), 129 O.A.C. 335; 143 C.C.C.(3d) 84 (C.A.), refd to. [para. 21, footnote 8].

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. 23, footnote 9].

Counsel:

Derrel G. Brown, for the Crown;

Robert L. Dick, for the accused.

This matter was heard at Beauval, Saskatchewan, before Martinez, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on December 17, 2014.