R. v. Sampson (S.L.), 2010 SKPC 28

• Judge: Beaton, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: March 24, 2010
• Jurisdiction: Saskatchewan
• Citations: 2010 SKPC 28;(2010), 352 Sask.R. 283 (PC)

R. v. Sampson (S.L.) (2010), 352 Sask.R. 283 (PC)

MLB headnote and full text

Temp. Cite: [2010] Sask.R. TBEd. MR.085

Her Majesty The Queen v. Sherah Lee Sampson

(Information Nos. 36333268; 37922836; 1782315; 46410563; 2010 SKPC 28)

Indexed As: R. v. Sampson (S.L.)

Saskatchewan Provincial Court

Beaton, P.C.J.

March 24, 2010.

Summary:

The accused pleaded guilty to robbery with violence, three counts of theft under $5,000, breach of a recognizance and breach of an undertaking. The Crown sought 18 months' imprisonment for robbery. The accused sought a conditional sentence.

The Saskatchewan Provincial Court held that a conditional sentence was not appropriate. The court sentenced the accused to 15 months' imprisonment for robbery and concurrent one month sentences for the remaining offences.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The 28 year old accused pleaded guilty to robbery with violence, three counts of theft under $5,000, breach of a recognizance and breach of an undertaking - The offences were committed over a two year period - The thefts involved shoplifting - The accused planned and participated in the robbery of a restaurant - With the assistance of her boyfriend, who was armed with a sawed-off shotgun, the robbery netted $6,000-7,000, which was used to buy drugs - The boyfriend was sentenced to four years' imprisonment - The Crown sought 18 months' imprisonment for robbery - The accused sought a conditional sentence - The accused now had a six month old baby with her boyfriend and had family support - At the time of the offences, she was a drug addict, but was allegedly drug free for the past 16 months - Medical evidence opined that the accused was a low risk to re-offend if she obtained appropriate counselling/therapy and abstained from drug use - She had a Grade 10 education and a minimal prior criminal record - The Saskatchewan Provincial Court sentenced the accused to 15 months' imprisonment for robbery and concurrent one month sentences for the remaining offences - Absent exceptional circumstances, general deterrence and maintaining public confidence in the administration of justice required incarceration, making a conditional sentence inappropriate.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5849.16

Sentencing - Considerations on imposing sentence - Addicts - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5855

Sentence - Robbery - [See Criminal Law - Topic 5720.4 ].

Cases Noticed:

R. v. Garchinski (K.J.) (2007), 304 Sask.R. 165; 413 W.A.C. 165; 2007 SKCA 75, refd to. [para. 19].

R. v. Willett (C.) (2005), 274 Sask.R. 287; 2005 SKPC 98, refd to. [para. 20].

R. v. Dumas (C.R.) (2000), 195 Sask.R. 70; 2000 SKQB 333, refd to. [para. 22].

R. v. Stroshein (K.B.) (2001), 203 Sask.R. 183; 240 W.A.C. 183 (C.A.), refd to. [para. 24].

R. v. Stonechild (J.) (1995), 128 Sask.R. 210; 85 W.A.C. 210 (C.A.), refd to. [para. 26].

R. v. Morin (I.), [1995] 9 W.W.R. 696; 134 Sask.R. 120; 101 W.A.C. 120 (C.A.), refd to. [para. 27].

R. v. Wiberg (C.A.) (1997), 158 Sask.R. 246; 153 W.A.C. 246; 1997 SKCA 88, refd to. [para. 29].

R. v. Kaiswatum (A.B.) (2003), 232 Sask.R. 196; 294 W.A.C. 196; 2003 SKCA 57, refd to. [para. 31].

Counsel:

Ryan Snyder, for the Crown;

Dave Andrews, Q.C., for the accused.

This matter was heard at Regina, Saskatchewan, before Beaton, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on March 24, 2010.