Break and enter a place other than a dwelling-house
R. v. Soranno
Sentence and the Crown's position
What the law allows
Amy Elysia Soranno, an animal rights activist, was convicted by a jury of breaking and entering a hog farm barn in Abbotsford and committing mischief, as an organizer of a large-scale 2019 occupation. The defence sought an absolute or conditional discharge; the Crown opposed a discharge and asked the court to consider fines or up to 90 days' imprisonment. Justice Verhoeven found that 60 days would otherwise be the minimum fit sentence but, because of her serious health condition, imposed 30 days to be served intermittently, followed by 12 months of probation.
In the judge's words
1Were it not for Ms. Soranno's health condition, a fit sentence would be 60 days incarceration. In my view a lesser sentence of, for example, 14 or 30 days in custody would be overly lenient and would not achieve the objectives of denunciation and deterrence. 60 days in custody is the minimum necessary.
The record
- Convicted of
- Break and enter a place other than a dwelling-house (CC 348(1)(e))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Discharge1
- Appeal
- Not yet checked
- Counsel
- Crown: S. Quendack
Defence: B.D. Vaze, as agent for L. Salloum
Sources
- R. v. Soranno, 2022 BCSC 1795 Court decision, CanLII, October 12, 2022
[64] The offenders contend that they should be granted absolute discharges, or alternatively, conditional discharges.
[1] Amy Soranno and Nicholas Schafer were convicted by a jury of breaking and entering a barn at 33133 Harris Road, Abbotsford, and committing an indictable offence therein, mischief, contrary to s. 348(1)(b) of the Criminal Code, R.S.C. 1985, c. C-46, [the Code].
[33] Neither offender has a criminal record.
[153] Were it not for Ms. Soranno's health condition, a fit sentence would be 60 days incarceration. In my view a lesser sentence of, for example, 14 or 30 days in custody would be overly lenient and would not achieve the objectives of denunciation and deterrence. 60 days in custody is the minimum necessary.
[154] … Given all the facts and circumstances, I impose a sentence of 30 days imprisonment upon Ms. Soranno.…[155] … Therefore I also impose a term of probation of 12 months, following completion of the custodial portion of the sentence.…[157] Given Ms. Soranno's health condition, I will allow her to serve the sentence intermittently, pursuant to s. 732(1)(a) of the Code.
- Criminal Code, s. 348 Record, Justice Laws Website
- R. v. Soranno, 2022 BCSC 1795 Court decision, Courts of British Columbia