R. v. Rudolph (B.J.), 2012 SKQB 442

• Judge: Gabrielson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: Monday October 29, 2012
• Jurisdiction: Saskatchewan
• Citations: 2012 SKQB 442;(2012), 410 Sask.R. 134 (QB)

R. v. Rudolph (B.J.) (2012), 410 Sask.R. 134 (QB)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. NO.028

Her Majesty the Queen v. Brian James Rudolph

(2011 Q.B.N.J. No. 32; 2012 SKQB 442)

Indexed As: R. v. Rudolph (B.J.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Gabrielson, J.

October 29, 2012.

Summary:

Rudolph, a 38 year old Aboriginal male, was found guilty of robbery against the CIBC Bank (the Saskatoon offence): see [2012] Sask.R. Uned. 46. The money ($2,565) was not recovered. A weapon was involved (a knife or screwdriver). Rudolph wore a disguise. The previous week, he had been sentenced in Regina for attempted robbery; the sentence imposed was seven years in prison less remand time of 576 days. A sentencing hearing was held with respect to the Saskatoon offence. Rudolph submitted that the two offences were committed so close in time that the court should consider them to be part of one robbing spree, and therefore a concurrent sentence would be appropriate.

The Saskatchewan Court of Queen's Bench imposed a sentence of three years, consecutive to the Regina sentence, for a global sentence of 10 years. Ancillary orders included restitution to the CIBC in the amount of $2,565.

Criminal Law - Topic 5662.1

Punishments (sentence) - Imprisonment and parole - Term of imprisonment - Consecutive sentences - [See Criminal Law - Topic 5855].

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term (totality principle) - [See Criminal Law - Topic 5855].

Criminal Law - Topic 5841

Sentencing - Considerations on imposing sentence - Age of accused - [See Criminal Law - Topic 5855].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5855].

Criminal Law - Topic 5855

Sentence - Robbery - The accused (38 year old Aboriginal male), was found guilty of robbery against the CIBC Bank (the Saskatoon offence) - A weapon was involved (knife or screwdriver); the accused wore a disguise - The previous week, the accused had been sentenced in Regina for attempted robbery (seven years in prison less remand time of 576 days) - At the sentencing with respect to the Saskatoon offence, the accused submitted that the two offences were committed so close in time that the court should consider them one robbing spree, and therefore a concurrent sentence was appropriate - The Saskatchewan Court of Queen's Bench, after considering the totality principle, imposed a global sentence of 10 years - In addition to the seven years for the Regina offence, the court imposed a sentence of three years, consecutive, for the Saskatoon offence - Robbery of a financial institution was a particularly serious crime - Well planned - Criminal record included two serious robbery charges in the U.S. - Traumatized CIBC employees - Money not recovered - Sentences ranged from five to 8.5 years - Concurrent sentence not appropriate (Saskatoon offence found not to be part of the Regina offence) - However, 14 years was unduly harsh (would be spending his most productive years in prison and would leave insufficient time to reestablish himself) - Sanctions other than imprisonment were not appropriate, even for aboriginal offenders - The accused received no additional credit for time spent on remand - Ancillary orders included restitution to the CIBC - See paragraphs 16 to 25.

Cases Noticed:

R. v. Castle (A.E.) et al. (2009), 345 Sask.R. 95; 2009 SKQB 407, refd to. [para. 14].

R. v. Mullins (P.E.) (2011), 388 Sask.R. 221; 2011 SKQB 478, refd to. [para. 14].

R. v. Laprise (M.B.) (2009), 324 Sask.R. 263; 451 W.A.C. 263; 2009 SKCA 46, refd to. [para. 14].

R. v. Nilsson (T.A.), [2012] B.C.T.C. Uned. 320; 2012 BCSC 320, refd to. [para. 15].

R. v. Wozny (C.P.) (2010), 262 Man.R.(2d) 75; 507 W.A.C. 75; 2010 MBCA 115, refd to. [para. 15].

R. v. Hung et al. (1990), 113 A.R. 205 (C.A.), refd to. [para. 18].

R. v. Brewer (1988), 81 N.S.R.(2d) 86; 203 A.P.R. 86 (C.A.), refd to. [para. 19].

R. v. Sangwais (L.D.) (2000), 189 Sask.R. 291; 216 W.A.C. 291; 2000 SKCA 49, refd to. [para. 21].

R. v. Drouin (M.G.) (1994), 125 Sask.R. 49; 81 W.A.C. 49 (C.A.), refd to. [para. 21].

R. v. Kenny, [1989] S.J. No. 316 (C.A.), refd to. [para. 21].

R. v. Bowman (1988), 67 Sask.R. 314 (C.A.), refd to. [para. 21].

R. v. Hahn (1983), 23 Sask.R. 105 (CA), refd to. [para. 21].

R. v. Merasty (C.) (2012), 401 Sask.R. 12; 2012 SKQB 268, refd to. [para. 21].

R. v. Edinborough (G.S.) (2010), 357 Sask.R. 68; 2010 SKQB 167, refd to. [para. 21].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161; 171 D.L.R.(4th) 385, refd to. [para. 21].

R. v. Ipeelee (M.), [2012] 1 S.C.R. 433; 428 N.R. 1; 2012 SCC 13, refd to. [para. 21].

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; 105 C.C.C.(3d) 327, refd to. [para. 23].

R. v. Yuzicapi (D.L.) (2010), 377 Sask.R. 133; 528 W.A.C. 133; 2011 SKCA 134, refd to. [para. 23].

Counsel:

Bryce S. Pashovitz, for the Crown;

Linda M. Wood, for the accused.

This sentencing matter was heard before Gabrielson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision, dated October 29, 2012.