R. v. Sikora (S.R.R.), (2016) 484 Sask.R. 222 (CA)

• Judge: Jackson, Caldwell and Whitmore, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: August 04, 2016
• Jurisdiction: Saskatchewan
• Citations: (2016), 484 Sask.R. 222 (CA);2016 SKCA 99

R. v. Sikora (S.R.R.) (2016), 484 Sask.R. 222 (CA);

    674 W.A.C. 222

MLB headnote and full text

Temp. Cite: [2016] Sask.R. TBEd. AU.025

Scott Robert Roy Sikora (appellant) v. Her Majesty the Queen (respondent)

(CACR2750; 2016 SKCA 99)

Indexed As: R. v. Sikora (S.R.R.)

Saskatchewan Court of Appeal

Jackson, Caldwell and Whitmore, JJ.A.

August 4, 2016.

Summary:

The accused entered the home of his estranged wife uninvited. He was angry and brandished a weapon (a two foot long heavy wire cable), while yelling at his wife and her male friend. He became involved in a scuffle with the friend. The cable was involved only incidentally in the altercation, although it likely had the unintended consequence of causing a small mark on the friend's back. The accused pleaded guilty to breaking, entering and committing the indictable offence of assault with a weapon (Criminal Code, s. 348(1)(b)).

The Saskatchewan Court of Queen's Bench, in a decision reported at (2016), 482 Sask.R. 1, sentenced the accused to 10 months' incarceration, to be followed by 18 months' probation. The accused appealed.

The Saskatchewan Court of Appeal dismissed the appeal.

Criminal Law - Topic 5849.23

Sentencing - Considerations on imposing sentence - Home invasion - [See Criminal Law - Topic 5851 ].

Criminal Law - Topic 5851

Sentence - Break and enter - The accused entered his estranged wife's home uninvited - He was angry and brandished a two foot long heavy wire cable, while yelling at his wife and her male friend - He became involved in a scuffle with the friend - The cable was involved only incidentally in the altercation, although it likely had the unintended consequence of causing a small mark on the friend's back - The accused pleaded guilty to breaking, entering and committing the indictable offence of assault with a weapon (Criminal Code, s. 348(1)(b)) - No criminal record - The sentencing judge noted that the accused's post-offence conduct had been impeccable - He had maintained his employment and shared custody of his children, and refrained from any breach of his release provisions - While he downplayed his consumption of alcohol and the effect that alcohol might have played in relation to the offence, he voluntarily ceased consuming alcohol in October 2015 - Given the emphasis which had to be placed on denunciation and deterrence respecting an offence under s. 348 of the Code, a sentence involving incarceration had to be imposed notwithstanding that the home invasion was on the very lower end of the spectrum of home invasions - The judge sentenced the accused to 10 months' incarceration, to be followed by 18 months' probation - The accused appealed - The Saskatchewan Court of Appeal dismissed the appeal.

Criminal Law - Topic 5883

Sentencing - Sentence - Particular offences - Assault with a weapon or assault causing bodily harm - [See Criminal Law - Topic 5851 ].

Counsel:

Scott Spencer, for the appellant;

Andrew Davis, for the respondent.

This appeal was heard by Jackson, Caldwell and Whitmore, JJ.A., of the Saskatchewan Court of Appeal, on August 4, 2016. Jackson, J.A., delivered the following oral decision for the court on the same date.