Crown appeal of 18 month probationary sentence for break and enter of a dwelling. Accused entered the home at 2 am using a garage door opener. Items stolen from the home while the occupants were upstairs sleeping. Trial judge expressed an intent to impose a CSO, but chose probation after learning that a CSO was statutorily unavailable.
Held: Appeal allowed.
9 month jail sentence imposed. “The reasoning in Proulx makes it clear that it is an error in principle to treat a conditional sentence and probation as equivalent sentencing options.” Deterrence and denunciation paramount in cases of break and enter into a dwelling. Further, although youthfulness can be a mitigating factor (accused was 19), this is a principle of importance primarily for first time offenders (accused had 29 prior convictions).
A. Serink, Defence Counsel