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
What the law allows
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
1In 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.
The record
- Convicted of
- Break and enter a dwelling-house (CC 348(1)(d))
- Careless use or storage of a firearm (CC 86(1))
- 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
- 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.
- R. v. S.D.H., 2025 BCSC 2542 Court decision, Courts of British Columbia