R v Savard, 2014 ABCA 219

• Judge: Slatter, Rowbotham and Brown, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: June 17, 2014
• Citations: 2014 ABCA 219;(2014), 572 A.R. 45

R. v. Savard (S.B.) (2014), 572 A.R. 45; 609 W.A.C. 45 (CA)

MLB headnote and full text

Temp. Cite: [2014] A.R. TBEd. JL.055

Her Majesty the Queen (respondent) v. Shaun Bradley Savard (appellant)

(1303-0226-A; 2014 ABCA 219)

Indexed As: R. v. Savard (S.B.)

Alberta Court of Appeal

Slatter, Rowbotham and Brown, JJ.A.

June 27, 2014.

Summary:

The accused, an aboriginal offender, was convicted of breaking and entering into a dwelling house and committing an indictable offence therein, wilfully damaging property valued under $5,000 and two counts of breach of a recognizance. The sentencing judge imposed a global custodial sentence of 30 months. The accused appealed.

The Alberta Court of Appeal allowed the appeal and substituted a sentence of 24 months' imprisonment, for each principal offence, to be served concurrently, and one month's imprisonment, for the breaches of recognizance, to be served concurrently to each other but consecutively to the 24-month sentence for the principal offences.

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5851 ].

Criminal Law - Topic 5851

Sentence - Break and enter - The accused's girlfriend had been involved in a physical altercation with the complainant at her home in Grande Prairie - Shortly after the dispute ended, the accused kicked (or "knocked") in the door and swung a baseball bat at the complainant and her common law spouse, striking and damaging a television - The accused, an aboriginal offender, was convicted of breaking and entering into a dwelling house and committing an indictable offence therein, wilfully damaging property valued under $5,000 and two counts of breach of a recognizance - Serious offence - Lengthy criminal record - Troubled childhood - Problems with alcohol - The sentencing judge imposed a global custodial sentence of 30 months - The accused appealed - The Alberta Court of Appeal allowed the appeal - The sentencing judge's reasons did not permit meaningful appellate review - Additionally, the sentencing judge failed to address the accused's aboriginal background - The court concluded that "a fit sentence for each of the principal offences is 24 months' imprisonment, served concurrently, and that a fit sentence for each of the breaches is one month's imprisonment, to be served concurrently to each other but consecutively to the 24-month sentence for the principal offences".

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - [See Criminal Law - Topic 5851 ].

Criminal Law - Topic 6203

Sentencing - Appeals - Variation of sentence - Grounds for varying sentence imposed by trial judge - [See Criminal Law - Topic 5851 ].

Cases Noticed:

R. v. Lee (D.) (2003), 346 A.R. 195; 320 W.A.C. 195; 2004 ABCA 46, refd to. [para. 9].

R. v. Sim (A.Z.) (2004), 357 A.R. 230; 334 W.A.C. 230; 2004 ABCA 349, refd to. [para. 10].

R. v. Johnson (E.S.) (2004), 357 A.R. 242; 334 W.A.C. 242; 2004 ABCA 308, refd to. [para. 11].

R. v. Sarafinchan (K.A.), [2007] A.R. Uned. 322; 2007 ABCA 326, refd to. [para. 12].

R. v. Courtorielle (S.D.) (2013), 553 A.R. 240; 583 W.A.C. 240; 2013 ABCA 215, refd to. [para. 13].

R. v. Summers (S.) (2014), 456 N.R. 1; 316 O.A.C. 349; 2014 SCC 26, refd to. [para. 15].

Counsel:

M.S. Hayes-Richards, for the respondent;

D.J. Anderson, for the appellant.

This appeal was heard on June 17, 2014, by Slatter, Rowbotham and Brown, JJ.A., of the Alberta Court of Appeal. The following memorandum of judgment of the Court of Appeal was delivered on June 27, 2014.