Break and enter a place other than a dwelling-house, Assaulting a peace officer

R. v. Clark

Sentence and the Crown's position

Crown asked16 months in custody1
Judge imposed480 days jail on each count, concurrent, less 479 days pre-sentence credit; remaining day served by attendance in court; lifetime s. 109 prohibition1

What the law allows

Maximum10 years
Crown asked16 months in custody
Judge imposed16 months in custody
Defence asked16 months in custody
For break and enter a place other than a dwelling-house (CC 348(1)(e)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 13% of the maximum. Read the section.

Kirk Arthur Clark pleaded guilty to break and enter of business premises in Prince George and to assaulting a peace officer, arising from a May 2022 crime spree and police pursuit. Crown and defence made a joint submission that he serve no further jail time. Justice Church declined counsel's proposed form of enhanced credit beyond the statutory cap but accepted the substance of the joint submission, imposing 480 days in jail, concurrent on both counts, with 479 days of pre-sentence credit, citing his guilty plea and particularly harsh lockdown conditions in pre-sentence custody.

In the judge's words

After considering the submissions of counsel, the relevant purposes and principles of sentencing, and the mitigating and aggravating factors, while I am not prepared to give effect to the form of the sentence proposed by counsel, I have concluded that the substance of the sentence jointly proposed is appropriate and meets the applicable objectives of sentencing. It is not a sentence that is contrary to the public interest or one that would bring the administration of justice into disrepute.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
16 months in custody1
Appeal
Not yet checked
Counsel
Crown: M.L. Ahrens
Defence: D. Hopkins

Sources

  1. R. v. Clark, 2023 BCSC 853 Court decision, CanLII, April 25, 2023[14] The substance of the joint submission is that, with mitigation for particularly harsh presentence conditions, an appropriate sentence to impose on Mr. Clark for these offences is 16 months.[14] The substance of the joint submission is that, with mitigation for particularly harsh presentence conditions, an appropriate sentence to impose on Mr. Clark for these offences is 16 months.[1] THE COURT: On April 12, 2023, Kirk Arthur Clark pleaded guilty to Counts 1 and 2 on Indictment 76957-3.[25] I am mindful of the fact that the proposed sentence is a joint submission, the product of considerable discussion between Crown and defence counsel who have determined that the joint submission addresses the interests of both the public and the accused. … After considering the submissions of counsel, the relevant purposes and principles of sentencing, and the mitigating and aggravating factors, while I am not prepared to give effect to the form of the sentence proposed by counsel, I have concluded that the substance of the sentence jointly proposed is appropriate and meets the applicable objectives of sentencing. It is not a sentence that is contrary to the public interest or one that would bring the administration of justice into disrepute.[27] On Counts 1 and 2 of the indictment, I sentence you to 480 days in jail. You have served 319 days in presentence custody. With enhanced credit at 1.5 to one, you will be credited with 479 days leaving you with a sentence imposed today of one day. That sentence is served by your presence here today in court. The sentences on Count 1 and 2 will be concurrent.
  2. Criminal Code, s. 348 Record, Justice Laws Website
  3. R. v. Clark, 2023 BCSC 853 Court decision, Courts of British Columbia

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