Break and enter a dwelling-house, Using an imitation firearm in the commission of an offence, Forcible confinement

R. v. Lesko

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked8 years in custody1
Judge imposed7 years (6 years concurrent on B&E-robbery and confinement, plus 1 year consecutive for imitation firearm), less 1 month pre-trial credit; DNA, 10-year s. 109 prohibition, s. 743.21 no-contact order1
1 year less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked8 years in custody
Judge imposed7 years in custody
Defence asked4 years in custody
For break and enter a dwelling-house (CC 348(1)(d)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Cody Lesko pleaded guilty to breaking and entering a dwelling house and committing robbery, unlawful confinement, and using an imitation firearm in a robbery, for his part with two unidentified men in an armed home invasion in Richmond in which a mother and her adult son were bound, beaten and threatened with death. The Crown sought an overall sentence of 8 years and the defence 4 to 5 years. Associate Chief Justice Holmes imposed 7 years, less one month of pre-trial credit, citing his guilty plea, lack of a criminal record and sincere remorse.

In the judge's words

At the same time, the sentence must take account of the mitigating factors in this case. Key here are that you have no criminal record, and you pleaded guilty and accept responsibility for the offences, and you do so, I accept, with sincere remorse for the harm you have caused.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
4 years in custody1
Appeal
Not yet checked
Counsel
Crown: J.A. Lawton
Defence: K. Westell

Sources

  1. R. v. Lesko, 2022 BCSC 2276 Court decision, CanLII, November 25, 2022[2] The Crown seeks an overall sentence of 8 years' imprisonment, composed of that sentence for each of counts 1 and 12, served concurrently, plus 1 year imprisonment for count 14, served consecutively, as s. 85(4) of the Code requires, with the 8-year sentences, then reduced to 7 years because of the totality principle, which I will briefly describe later.[3] The defence responds that the overall sentence should fall between 4 and 5 years' imprisonment.[1] Mr. Lesko has pleaded guilty to three offences he committed with two unidentified men during the course of a home invasion.[52] Significant also is that Mr. Lesko has no criminal record.[61] At the same time, the sentence must take account of the mitigating factors in this case. Key here are that you have no criminal record, and you pleaded guilty and accept responsibility for the offences, and you do so, I accept, with sincere remorse for the harm you have caused.[66] This makes an overall sentence of 7 years' imprisonment. … [67] You served 17 days in pre-trial custody before you were released on bail. With credit at 1.5 times, you will have 26 days' credit, which I will round to one month, against the sentences on counts 1 and 12.
  2. R. v. Lesko, 2022 BCSC 2276 Court decision, Courts of British Columbia

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