Break and enter a dwelling-house, Careless use or storage of a firearm

R. v. S.D.H.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposed22 months in custody (20 months for break and enter, 2 months consecutive for careless storage of a firearm), less 155 days' credit; 10-year weapons prohibition1
800 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked4 years in custody
Judge imposed22 months in custody
Defence asked155 days 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.

A jury convicted the offender of breaking and entering a home in West Kelowna and uttering a death threat to the person inside, and of careless storage of two loaded firearms found later at a condo where he was staying. The Crown sought 48 months in custody; the defence sought time served of 155 days. Justice Hardwick imposed a total sentence of 22 months, less 155 days' credit, citing the statutory aggravating factors that the home was occupied and the offence arose in an intimate partner context, against the offender's lack of a criminal record.

In the judge's words

In terms of aggravating factors, there are two statutorily mandated ones. Firstly, it is a statutorily aggravating factor under s. 718.2(a)(ii) of the Code that Count 1 occurred in the context of an intimate partner offence.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
155 days in custody1
Appeal
Not yet checked
Counsel
Crown: J.M. O'Quinn
Defence: D.M. Melville

Sources

  1. R. v. S.D.H., 2025 BCSC 2542 Court decision, CanLII, December 11, 2025[19] The Crown submits that a fit and proportion sentence is a jail sentence of 48 months, less credit for time served (both pre- and post‑conviction).[25] On this basis, the defence submits that a fit sentence would be a sentence for time served with no additional time in custody.[31] The maximum sentence for Count 1, breaking and entering a dwelling house to commit and indictable offence, when prosecuted by indictment, is life in prison. There is no minimum sentence.[13] … comes before the Court as an effective first-time offender with no criminal record being put forward in evidence by the Crown for the purposes of sentencing.[49] In terms of aggravating factors, there are two statutorily mandated ones. [50] Firstly, it is a statutorily aggravating factor under s. 718.2(a)(ii) of the Code that Count 1 occurred in the context of an intimate partner offence.[56] The total sentence, which I have decided with due regard for the principle of totality, is accordingly 22 months, calculated for Corrections' purposes to be 660 days. [57] Less the 155 days' credit that it is agreed … is entitled to effective today, his remaining custodial sentence shall be 505 days.
  2. R. v. S.D.H., 2025 BCSC 2542 Court decision, Courts of British Columbia

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