R. v. Saskatchewan (K.), 2015 ABPC 252

JudgeFraser, P.C.J.
CourtProvincial Court of Alberta (Canada)
Case DateNovember 30, 2015
Citations2015 ABPC 252;[2015] A.R. TBEd. DE.055

R. v. Saskatchewan (K.), [2015] A.R. TBEd. DE.055

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. DE.055

Her Majesty the Queen v. Keshia Saskatchewan

(140633983P1; 151051000P1; 151082369P1; 151082054P1; 2015 ABPC 252)

Indexed As: R. v. Saskatchewan (K.)

Alberta Provincial Court

Fraser, P.C.J.

November 30, 2015.

Summary:

The aboriginal accused was charged with the aggravated assault of a 15 year old girl on June 8, 2014, as well as using a rock as a weapon in committing the assault. The victim suffered severe injuries to her face that required plastic surgery to repair. The tip of her nose was missing and grafts from her forehead had to be used to cover the exposed cartilage of her nose. Her orbital floor had to be reconstructed using titanium plates. She would need further surgery and her face would always remain disfigured. The issue at trial was the identity of the perpetrator.

The Alberta Provincial Court, in a decision reported at [2015] A.R. Uned. 555, convicted the accused of aggravated assault and acquitted her of assault with a weapon. The accused failed to appear for the decision. Subsequently, the accused shoplifted food and pharmaceuticals from Safeway valued at $48 and pushed the loss prevention officer when he caught her, committing an assault. The next day, she again stole food from Safeway valued at $5.49. She pleaded guilty to those offences. She had been in custody for a total of 77 days.

The Alberta Provincial Court held that, as the Crown never applied to revoke the accused's bail under s. 524 of the Criminal Code, she was entitled to 1.5:1 credit for that time. The court agreed with a joint recommendation that her time in custody, credited at 115 days, was a sufficient sentence for the latter offences. The court apportioned that time as follows: 30 days for the first shoplifting; 30 days for the accompanying assault; 30 days for the second shoplifting; and 20 days for failing to appear in court, all consecutive. As the Crown proceeded summarily, there were victim fine surcharges of $100 or one day on each for a total of $400 or four days' incarceration. The court applied four of the days remaining from her pre-sentence custody to the surcharge, so that time had already been served. Since that time had been served, the actual sentences were one day on each concurrent. The court held that the 25 year old accused's aboriginal status and background should not reduce an otherwise appropriate and fit sentence for the aggravated assault. The most important principles here were deterrence and denunciation and protection of the public. The accused had a lengthy criminal record, including prior convictions for assaults and an aggravated assault. She lacked remorse. The court sentenced the accused to three years' imprisonment for aggravated assault.

Criminal Law - Topic 5833

Sentencing - Considerations in imposing sentence - Deterrence - See paragraph 24.

Criminal Law - Topic 5834

Sentencing - Considerations on imposing sentence - Circumstances tending to increase sentence - See paragraph 18.

Criminal Law - Topic 5834.6

Sentencing - Considerations on imposing sentence - Seriousness of circumstances - See paragraph18.

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - See paragraphs 11 to 17 and 23 to 25.

Criminal Law - Topic 5847

Sentencing - Considerations on imposing sentence - Remorse of accused - See paragraphs 7, 10 and 18.

Criminal Law - Topic 5848.7

Sentencing - Considerations in imposing sentence - Denunciation - See paragraph 24.

Criminal Law - Topic 5938

Sentencing - Sentence - Particular offences - Aggravated assault - See paragraphs 23 to 29.

Counsel:

Tiffany Dwyer, for the Crown;

Rebecca Snukal, for the Defence.

This sentencing matter was heard by Fraser, P.C.J., of the Alberta Provincial Court, who delivered the following decision on November 30, 2015.

To continue reading

Request your trial
1 practice notes
  • R v Paquette, 2020 ABPC 173
    • Canada
    • Provincial Court of Alberta (Canada)
    • September 28, 2020
    ...for the intimidation. The case did not involve an Indigenous offender or consideration of Gladue principles. [98] In R v Saskatchewan, 2015 ABPC 252, the accused was found guilty of aggravated assault after trial. The assault involved the beating of a 15 year old girl resulting in severe in......
1 cases
  • R v Paquette, 2020 ABPC 173
    • Canada
    • Provincial Court of Alberta (Canada)
    • September 28, 2020
    ...for the intimidation. The case did not involve an Indigenous offender or consideration of Gladue principles. [98] In R v Saskatchewan, 2015 ABPC 252, the accused was found guilty of aggravated assault after trial. The assault involved the beating of a 15 year old girl resulting in severe in......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT