R. v. Robertson (H.M.), (2006) 394 A.R. 383 (PC)

• Judge: Wilkins, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: March 10, 2006
• Citations: (2006), 394 A.R. 383 (PC);2006 ABPC 88

R. v. Robertson (H.M.) (2006), 394 A.R. 383 (PC)

MLB headnote and full text

Temp. Cite: [2006] A.R. TBEd. MY.050

Her Majesty The Queen v. Harry Michael Robertson (050696939P1; 2006 ABPC 88)

Indexed As: R. v. Robertson (H.M.)

Alberta Provincial Court

Wilkins, P.C.J.

April 3, 2006.

Summary:

The accused totally "trashed" the condominium of his estranged common law spouse, destroying everything and causing over $20,000 in damage. The accused pleaded guilty to break, enter and theft, uttering a threat to cause death or bodily harm and two counts of mischief.

The Alberta Provincial Court sentenced the accused to a total of five years' imprisonment, reduced to three years and five months after 19 months' credit for 9.5 months of pretrial custody.

Criminal Law - Topic 5831.9

Sentencing - Considerations on imposing sentence - Domestic violence - The accused and his former common law wife were estranged for five years - They had a seven year old son and were involved in a custody battle - The accused, while serving a conditional sentence for drug and weapons offences (house arrest), broke into his wife's condominium and totally "trashed it" - Everything that could be destroyed was destroyed, including all personal effects - Threats were written on the walls and the residence was flooded - The wife and son were traumatized psychologically and financially - Over $20,000 damage was done - The accused pleaded guilty early, but was not remorseful, continuing to portray himself as the victim - He was assessed as a moderate risk to reoffend - Police described the scene as the worst vandalism they had ever experienced - The attack was planned and deliberate - The Alberta Provincial Court held that domestic violence required primary emphasis on denunciation and deterrence - The court sentenced the accused to five years' imprisonment for break, enter and theft, two years (concurrent) for uttering threats and two years (concurrent) on each of two counts of mischief relating to the property damage - After giving the accused 19 months' credit for 9.5 months' pretrial custody, the accused was sentenced to imprisonment for three years and five months.

Criminal Law - Topic 5851

Sentence - Break and enter - [See Criminal Law - Topic 5831.9 ].

Criminal Law - Topic 5890

Sentence - Mischief (incl. vandalism) - [See Criminal Law - Topic 5831.9 ].

Criminal Law - Topic 5895

Sentence - Threats - [See Criminal Law - Topic 5831.9 ].

Cases Noticed:

R. v. C.A.M. (1996), 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81; 105 C.C.C.(3d) 327 (S.C.C.), refd to. [para. 29].

R. v. Etmannski (J.L.) (2001), 294 A.R. 344 (Prov. Ct.), refd to. [para. 43].

R. v. Thurston (D.T.) (1994), 149 A.R. 226; 63 W.A.C. 226 (C.A.), refd to. [para. 44].

R. v. Green (M.A.) (1997), 200 A.R. 307; 146 W.A.C. 307 (C.A.), refd to. [para. 46].

R. v. Allard (T.G.) (1999), 130 B.C.A.C. 6; 211 W.A.C. 6 (C.A.), refd to. [para. 47].

R. v. Jolley, [1993] O.J. No. 3483 (C.A.), refd to. [para. 48].

R. v. Theodore (E.) (1993), 145 A.R. 276; 55 W.A.C. 276 (C.A.), affing. (1993), 139 A.R. 234 (Q.B.), refd to. [para. 49].

R. v. Kerswell (B.) (1993), 141 A.R. 349; 46 W.A.C. 349 (C.A.), refd to. [para. 50].

R. v. Lavallee, [1990] 1 S.C.R. 852; 108 N.R. 321; 67 Man.R.(2d) 1, refd to. [para. 51].

Counsel:

L. Robertson, for the Crown;

H. Van Harten, for the accused.

This matter was heard on March 10, 2006, at Calgary, Alberta, before Wilkins, P.C.J., of the Alberta Provincial Court, who imposed the following sentence on April 3, 2006.