Assault with a weapon
R. v. Schalm
- Below the Crown's ask
Sentence and the Crown's position
Crown asked2 years in custody1
Judge imposed15 months' imprisonment, less 449 days' credit for pre-sentence custody (one day remaining)1
280 days less custody than the Crown asked
What the law allows
Maximum10 years
Crown asked2 years in custody
Judge imposed15 months in custody
Defence asked9 months in custody
Allan Jerod Schalm pleaded guilty to assault with a weapon after striking a shelter security guard several times with a wrench in Penticton. The Crown sought two years; the defence sought nine months. Justice Doyle imposed 15 months' imprisonment, which, after credit for pre-sentence custody, left one day to serve, finding that a significant sentence was warranted given his lengthy record while giving weight to his guilty plea and his background as a Cree offender.
In the judge's words
1[41] I do think a significant sentence is warranted. I note the more recent sentence in Vancouver, which effectively was six months. I think something more than nine months is required. I think something less than two years is appropriate.
The record
- Convicted of
- Assault with a weapon (CC 267(a))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 9 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: A. Lerchs
Defence: J.D.A. Watt
Sources
- R. v. Schalm, 2023 BCSC 2594 Court decision, CanLII, August 21, 2023
[24] Crown counsel is seeking a sentence, based on all the circumstances, of two years.
[24] Crown counsel is seeking a sentence, based on all the circumstances, of two years. Mr. Schalm, through his counsel, seeks a sentence of nine months.
[2] Allan Jerod Schalm is before me with regard to a guilty plea he entered today on Count 1 of an indictment filed March 15, 2023
[41] I do think a significant sentence is warranted. I note the more recent sentence in Vancouver, which effectively was six months. I think something more than nine months is required. I think something less than two years is appropriate.
[42] Mr. Schalm, could you please stand? For this offence, I am sentencing you to 15 months' imprisonment. With time served, that sentence will effectively be one day. … [59] THE CLERK: Just want to clarify. It's 450 for jail that you would have imposed and then 449 for jail time credit? [60] THE COURT: Yes. So, he ends up serving a sentence of one day.
- Criminal Code, s. 267 Record, Justice Laws Website
- R. v. Schalm, 2023 BCSC 2594 Court decision, Courts of British Columbia