Another Stiff Sentence Imposed At Trial Upheld On Appeal

R. v. T.J.F. 2008 BCCA 325 is an interesting example of an appeal court, yet again, upholding a stiff sentence imposed at trial.

Here an effective five year sentence was imposed for a charge of breaking and entering into a place and committing an assault therein upheld. A young person, the offender, and two others broke into apartment of a 97-year-old woman and assaulted her. Offender had youth convictions, and was then on bail for serious youth offences. Notwithstanding that prior to entering the apartment the offender did not know the premises was a dwelling-house, his conduct deserves considerable disapprobation.

The Court wrote:

[18] T.J.F.’s record and recent actions clearly demonstrates that he has little regard for the law, and is presently a danger to the safety of the community. Notwithstanding his age and his, hopefully, prospects of rehabilitation, this is a case in which the protection of the public is the primary consideration. Having regard to all of the circumstances, I cannot say that the sentencing judge imposed a sentence which is demonstrably unfit. There is, accordingly, no basis on which to interfere: R. v. M.(C.A.), [1996] 1 S.C.R. 500 at paras. 89 - 91.