Defence appeal of 5 year jail sentence in relation to multiple counts of break and enter into private dwellings, and assaults upon female occupants. The targets were the accused’s ex-girlfriend and her friend. Complainant’s were punched, kneed and kicked several times.
Held: Appeal dismissed.
“We are not persuaded that the sentencing judge in actuality directly applied Matwiy, 1996 ABCA 63 [8 year starting point for home invasion robbery]. What she did was to recognize the policies contained in Matwiy about the right of persons to security in their private homes, and about the harm and risk of harm in bursting into private homes late at night … this adaptation of those societal norms was not error.” Bielby JA dissented.
A. Attia, K. Clackson –