R. v. Sawatsky (N.R.),

• Judge: Hawco,Martin,Park
• Neutral Citation: 2007 ABCA 353
• Citation: 2007 ABCA 353,(2007), 417 A.R. 362 (CA),417 AR 362,(2007), 417 AR 362 (CA),417 A.R. 362
• Date: 23 October 2007
• Court: Court of Appeal (Alberta)

R. v. Sawatsky (N.R.) (2007), 417 A.R. 362 (CA);

      410 W.A.C. 362

MLB headnote and full text

Temp. Cite: [2007] A.R. TBEd. NO.103

Her Majesty the Queen (respondent) v. Nathan Randy Sawatsky (appellant)

(0701-0043-A; 2007 ABCA 353)

Indexed As: R. v. Sawatsky (N.R.)

Alberta Court of Appeal

Martin, J.A., Hawco and Park, JJ.(ad hoc)

October 23, 2007.

Summary:

Sawatsky pled guilty to drug trafficking in connection with "dial-a-doper" sales of small amounts of cocaine.

The Alberta Provincial Court sentenced Sawatsky to serve two years less one day in the community. The Crown appealed.

The Alberta Court of Appeal allowed the appeal. The conditional sentence was set aside and substituted with a sentence of 42 months' imprisonment, reduced by 10 months for the portion of the conditional sentence already served, leaving 32 months' imprisonment to be served.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - Sawatsky received a conditional sentence of two years less a day after pleading guilty to drug trafficking in connection with "dial-a-doper" sales of small amounts of cocaine - The Crown appealed, asserting that Sawatsky's lengthy criminal record (37 prior convictions) and the circumstances of the offence should have resulted in a custodial sentence - The Alberta Court of Appeal allowed the appeal - Sentencing precedents suggested a range of three years of actual incarceration - Non-custodial sentences offered little to nothing by way of general deterrence to like-minded individuals, which was a vital sentencing objective here - Sawatsky's criminal record disqualified him for a conditional sentence - Further, the sentencing judge was misled by false representations that Sawatsky was registered in a two-year educational program that would attract employment opportunities - This cast Sawatsky more as a con man than a rehabilitated criminal and removed the tenuous underpinning of the conditional sentence - The conditional sentence was set aside and substituted with a sentence of 42 months' imprisonment which was reduced by 10 months for the portion of the conditional sentence already served.

Criminal Law - Topic 5833

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

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offences (incl. repeat, dangerous or long-term offenders) - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic or a controlled drug or substance (incl. possession for the purpose of trafficking) - [See Criminal Law - Topic 5720.4 ].

Cases Noticed:

R. v. Maskell (1981), 29 A.R. 107; 58 C.C.C.(2d) 408 (C.A.), refd to. [para. 4].

R. v. Rahime (S.) et al. (2001), 286 A.R. 377; 253 W.A.C. 377; 2001 ABCA 203, refd to. [para. 4].

Counsel:

R.A. Sigurdson, for the appellant;

M.G. Bates, for the respondent.

This appeal was heard on October 23, 2007, by Martin, J.A., Hawco and Park, JJ.(ad hoc), of the Alberta Court of Appeal. Martin, J.A., delivered the following judgment orally from the bench on October 23, 2007, and filed it in writing on November 21, 2007.