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SENTENCING - Offences against public order - Forcible entry – Particular sanctions

Wednesday, April 14, 2021 @ 6:10 AM  

Lexis Advance® Quicklaw®
Sentencing of the 48-year-old accused who pleaded guilty to assault and forcible entry. While intoxicated, the accused entered the 12-year-old complainant’s residence through an unlocked door in search of the complainant’s mother. The complainant was frightened when she saw the accused in her bedroom and pretended to be asleep. The accused went into the complainant’s bedroom intending to wake her but due to his intoxicated state, his hand landed on the complainant’s breast. The accused left the residence and was located and arrested by police shortly thereafter. The accused spent seven days in custody prior to his release on bail, due to an adjournment over a weekend and one day after bail had been granted. The RCMP refused to allow the accused to speak with his counsel a second time prior to the bail hearing. The accused had alcohol abuse issues. He had a criminal record that included a previous conviction for assault.

HELD: The accused was sentenced to 12 months’ probation. Given the accused’s intoxicated state, he required a second call to counsel prior to his s. 503 appearance to fully understand his rights and options. The failure to provide the accused with that opportunity was a significant breach of his s. 10(b) Canadian Charter of Rights and Freedoms (Charter) rights. The adjournment of the bail hearing was not authorized by law and was a breach of the accused’s ss. 9 and 11(e) Charter rights. The appropriate remedy for the Charter breaches was a reduction in the accused’s sentence. The accused required further support and supervision to assist with his rehabilitation. Sentence: 12 months’ probation; $1 fine for each offence; non-contact order.

R. v. Budd, [2021] M.J. No. 57, Manitoba Provincial Court, M.K. Harvie Prov. Ct. J., March 9, 2021. Digest No. TLD-April122021005