Break and enter a dwelling-house, Uttering threats to cause death or bodily harm

R. v. T.L.E.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked9 years in custody1
Judge imposed7 years imprisonment less 95 days pre-sentence credit (6 months concurrent on the threat count)1
2 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked9 years in custody
Judge imposed7 years in custody
Defence asked3 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.

The offender was found guilty after trial of breaking and entering a dwelling house and committing a sexual assault, and of uttering a threat to cause death or bodily harm. The Crown sought nine years in custody and the defence three years. Justice Ker imposed seven years imprisonment, with six months concurrent on the threat count, less 95 days of pre-sentence credit, finding the range for this type of offence to be five to ten years.

In the judge's words

In my view, the appropriate range of sentence for an offence of break and enter a dwelling house and commit sexual assault involving both penile and digital penetration is properly between five and ten years imprisonment, as outlined in the jurisprudence previously cited.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
3 years in custody1
Appeal
Not yet checked
Counsel
Crown: O.A. Potestio
Defence: D. Gagnon

Sources

  1. R. v. T.L.E., 2022 BCSC 919 Court decision, CanLII, May 24, 2022[8] The Crown seeks a global sentence of nine years imprisonment apportioned as nine years for Count 2, the break, enter, and commit sexual assault offence, and six months concurrent for Count 3, the uttering threats offence, plus a number of ancillary orders.[9] Counsel for … seeks a sentence of three years imprisonment for Count 2, and 90 days imprisonment for Count 3, with the sentences to be served concurrently.[6] … Although this type of breaking and entering offence does not have a mandatory minimum sentence[85] In my view, the appropriate range of sentence for an offence of break and enter a dwelling house and commit sexual assault involving both penile and digital penetration is properly between five and ten years imprisonment, as outlined in the jurisprudence previously cited.[88] … I impose a sentence of seven years imprisonment on Count 2. … Accordingly, a total of 95 days as pre-sentence custody shall be deducted from the global sentence of seven years imprisonment.
  2. R. v. T.L.E., 2022 BCSC 919 Court decision, Courts of British Columbia

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