R. v. Z.J.S., 2015 SKPC 19

• Judge: Cardinal, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: January 27, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKPC 19;(2015), 468 Sask.R. 132 (PC)

R. v. Z.J.S. (2015), 468 Sask.R. 132 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. FE.025

Her Majesty the Queen v. Z.J.S.

(Information No. 24501612; 2015 SKPC 19)

Indexed As: R. v. Z.J.S.

Saskatchewan Provincial Court

Cardinal, P.C.J.

January 27, 2015.

Summary:

The accused pleaded guilty to sexually assaulting an 11 year old girl, four breaches of probation, and two breaches of undertaking.

The Saskatchewan Provincial Court sentenced the accused to a total of 44.5 months' imprisonment, less credit of 14 months and five days for time already served.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - The accused was subject to a recognizance that required him to remain in his residence 24 hours per day - The person he was residing with wanted him removed due to an incident at the residence - The landlord told that person that the accused had to move or they would both be evicted - A probation officer directed the accused to find an alternative residence and report but the accused failed to do so - He pled guilty to breach of recognizance - The Saskatchewan Provincial Court sentenced the accused to 30 days' imprisonment - See paragraph 39.

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - The accused was subject to a recognizance that prohibited him from being within 30 kilometres of a First Nation in order to avoid contact with a victim that the accused had sexually assaulted - He pled guilty to breaching the recognizance - The Saskatchewan Provincial Court sentenced the accused to 60 days' imprisonment - See paragraph 39.

Criminal Law - Topic 5898

Sentence - Breach of probation - The accused pled guilty to three counts of breach of probation: (1) he changed his address but did not provide such information to his probation officer; (2) he quit his employment and stopped attending addiction services; and (3) he failed to pay restitution of $501.14 - The Saskatchewan Provincial Court sentenced the accused to 15 days' imprisonment (consecutive) for each breach - See paragraph 39.

Criminal Law - Topic 5898

Sentence - Breach of probation - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - The 21 year old accused was taken in and cared for by a family - The parents asked the accused to look after their children, including an 11 year old girl (the victim), while they went shopping - The victim approached the accused and asked him if he wanted to have sex with her - The accused touched the back of the victim's neck, at which point she changed her mind - Later, the accused asked the victim to go down to the basement - The victim again asked the accused if he wanted to have sex with her - The accused said yes and told the victim to pull down her clothes - He then had sexual intercourse with her - The accused was in breach of a probation order which required him to live in a certain place at the time of the offence - He pled guilty to sexual assault and breach of probation - The Saskatchewan Provincial Court sentenced the accused to 40 months' imprisonment for sexual assault and six months concurrent for breach of probation, less 14 months and five days for time already served - The accused was in a position of trust toward the victim - Although he was Aboriginal and had had a somewhat difficult life, for the most part he had not suffered from any disadvantage in the community or from his upbringing - See paragraphs 24 to 38.

Cases Noticed:

R. v. Revet (C.J.) (2010), 350 Sask.R. 292; 487 W.A.C. 292; 2010 SKCA 71, refd to. [para. 18].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 22].

R. v. Ipeelee (M.), [2012] 1 S.C.R. 433; 428 N.R. 1; 288 O.A.C. 224; 318 B.C.A.C. 1; 541 W.A.C. 1; 2012 SCC 13, refd to. [para. 22].

Counsel:

Tyla Olenchuk, for the Crown;

Dale Blenner-Hassett, for the accused.

This matter was heard at Melfort, Saskatchewan, before Cardinal, P.C.J., of the Saskatchewan Provincial Court, who delivered the following sentencing decision on January 27, 2015.