Jun 1, 2020

MLB Headnote and Key Numbers

R. v. Kreko, 2016 ONCA 367 (CanLII)

R. v. Kreko (A.) (2016), 349 O.A.C. 227 (CA)

MLB headnote and full text

Temp. Cite: [2016] O.A.C. TBEd. MY.014

Her Majesty the Queen (respondent) v. Andrew Kreko (appellant)

(C59203; 2016 ONCA 367)

Indexed As: R. v. Kreko (A.)

Ontario Court of Appeal

Strathy, C.J.O., Gillese and Pardu, JJ.A.

May 16, 2016.

Summary:

The accused, an aboriginal person, pleaded guilty to possession without lawful excuse of a loaded prohibited firearm, robbery with a handgun, and intentional discharge of a firearm while being reckless as to the life or safety of another person. A global sentence of 13 years was imposed. The accused appealed.

The Ontario Court of Appeal allowed the appeal. The sentencing judge erred in concluding that the accused's aboriginal heritage was irrelevant to his sentencing. The appeal court reduced the accused's sentence to nine years, less 30 months credit for pre-sentence custody, leaving a global remaining sentence of 78 months.

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - See paragraphs 17 to 26.

Criminal Law - Topic 5855

Sentence - Robbery - See paragraphs 27 to 35.

Criminal Law - Topic 5877

Sentence - Dangerous or careless use of firearm - See paragraphs 27 to 35.

Criminal Law - Topic 5903

Sentence - Discharge of firearm with intent or recklessness - See paragraphs 27 to 35.

Counsel:

David E. Harris, for the appellant;

Eric Siebenmorgen, for the respondent.

Emily Hill and Caitlyn Kasper, for the intervener Aboriginal Legal Services of Toronto.

This sentence appeal was heard on April 18, 2016, before Strathy, C.J.O., Gillese and Pardu, JJ.A., of the Ontario Court of Appeal. The following decision was released for the court by Pardu, J.A., on May 16, 2016.