Break and enter a dwelling-house
R. v. Cook
Sentence and the Crown's position
What the law allows
Renn Broe Cook was convicted after trial of breaking and entering an occupied home with intent to commit criminal harassment. The Crown submitted a range of 18 to 24 months and three years of probation; the defence sought a conditional discharge with 18 months of probation. Justice Lyster imposed a conditional discharge with three years of probation, finding that his then-untreated mental illness significantly reduced his moral culpability.
In the judge's words
1Given the significant role his mental illness played in his offending behaviour, the absence of any prior criminal record, and the fact that, despite his apparent lack of insight, he has complied with the restrictions imposed upon him since his arrest, I have concluded that it would not be contrary to the public interest to impose a conditional discharge on Mr. Cook.
The record
- Convicted of
- Break and enter a dwelling-house (CC 348(1)(d))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Discharge1
- Appeal
- Not yet checked
- Counsel
- Crown: K.J.A. DeJong
Defence: M.A. Patterson
Sources
- R. v. Cook, 2024 BCSC 1841 Court decision, CanLII, June 28, 2024
[10] The Crown submits the appropriate range for an offence of this kind is 18 to 24 months.
[11] Mr. Cook submits that the court should impose a conditional discharge, together with 18 months' probation, including a Rogers Order.
[2] On July 11, 2023, I convicted Mr. Renn Cook, after trial, of break and enter with intent to commit an indictable offence, contrary to s. 348(1)(a) of the Criminal Code
[15] There are also mitigating circumstances. Mr. Cook has no previous criminal record.
[31] Given the significant role his mental illness played in his offending behaviour, the absence of any prior criminal record, and the fact that, despite his apparent lack of insight, he has complied with the restrictions imposed upon him since his arrest, I have concluded that it would not be contrary to the public interest to impose a conditional discharge on Mr. Cook.
[57] THE COURT: Thank you. Mr. Cook, I am imposing upon you a conditional discharge and a three‑year probation order.
- Criminal Code, s. 348 Record, Justice Laws Website
- R. v. Cook, 2024 BCSC 1841 Court decision, Courts of British Columbia