Breaking and entering to steal firearm, Possession of break-in instruments, Possession of a controlled substance
R. v. Sawatsky
Sentence and the Crown's position
Crown asked5 years in custody1
Judge imposed5 years imprisonment (concurrent 1 month, 15 days and 4 months on other counts), less 201 days credit; DNA, lifetime s. 109 prohibition1
What the law allows
MaximumLife imprisonment
Crown asked5 years in custody
Judge imposed5 years in custody
Defence asked5 years in custody
Jason William Sawatsky was convicted after trial of breaking into a Powell River residence and stealing six firearms, possessing break-in instruments, mischief to the RCMP detachment and possession of cocaine. The Crown and defence jointly proposed five years on the firearms break-in count. Justice Basran accepted the joint submission, imposing five years with concurrent sentences on the other counts, and credited 201 days of pre-sentence custody.
In the judge's words
1The jointly-proposed five year custodial sentence does not, in my view, arouse public considerations nor does it bring the administration of justice into disrepute.
The record
- Convicted of
- Breaking and entering to steal firearm (CC 98)
- Possession of break-in instruments (CC 351(1))
- Possession of a controlled substance (CDSA 4(1))
- Prior convictions
- 25 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 5 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: L.T. Phipps
Defence: C. Hodson
Sources
- R. v. Sawatsky, 2022 BCSC 625 Court decision, CanLII, April 14, 2022
[6] The Crown and defence made a joint submission on sentencing. They agree that Mr. Sawatsky should be sentenced to: a) Five years on Count 1.
[6] The Crown and defence made a joint submission on sentencing. They agree that Mr. Sawatsky should be sentenced to: a) Five years on Count 1.
Jason William Sawatsky, also known as Jason William Sawatsky
[9] I note that Mr. Sawatsky has 25 convictions dating back to 1995, including eight for break and enter.
[11] The jointly-proposed five year custodial sentence does not, in my view, arouse public considerations nor does it bring the administration of justice into disrepute.
[12] Mr. Sawatsky, please stand. Sir, you are sentenced to: a) five years on Count 1; … [13] On the calculation of the days, counsel agree that Mr. Sawatsky served 136 days so he receives credit for 204 days at a rate of 1 to 1.5. As he used three days for his conviction for breach of bail mentioned earlier, he will serve 1624 days (1825 days - 201 days) on Count 1.
- Criminal Code, s. 98 Record, Justice Laws Website
- R. v. Sawatsky, 2022 BCSC 625 Court decision, Courts of British Columbia