R. v. Raczkowski

R. v. Raczkowski

The appropriate sentence balances the primary objectives of deterrence and denunciation for a violent robbery against demonstrable rehabilitation and full voluntary restitution; given the dated but serious record, significant rehabilitation, employment and family responsibilities, the court imposed 90 days intermittent custody with a 12‑month probation order and ancillary mandatory orders to achieve denunciation while permitting continued reintegration.

Citation
2013 BCSC 2420
Parties
Prosecution: Regina; Accused: Wiktor Leszek Raczkowski; Victim: Carrie Schoenfelder
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 November 2013
Procedural Posture
Criminal Robbery / Sentencing
Outcome
Accused sentenced to 90 days imprisonment to be served intermittently plus 12 months probation and ancillary orders
Legal Topics
Robbery, Sentencing Principles, Restitution, Probation, Intermittent Sentence, DNA Databanking, Weapons Prohibition, Victim Surcharge
Source Language
English
Criminal Law Sentencing Robbery Sentencing Principles Restitution Probation Intermittent Sentence DNA Databanking +2 more

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Parties

Regina

Prosecution

Wiktor Leszek Raczkowski

Accused

Carrie Schoenfelder

Victim

Procedural Posture

Criminal Robbery / Sentencing

Legal Issues

  1. 1 Appropriate sentence balancing deterrence/denunciation and rehabilitation for a robbery against a vulnerable victim
  2. 2 Weight to give guilty plea entered long after the offence
  3. 3 Credit for voluntary payment of restitution

Ratio Decidendi

The appropriate sentence balances the primary objectives of deterrence and denunciation for a violent robbery against demonstrable rehabilitation and full voluntary restitution; given the dated but serious record, significant rehabilitation, employment and family responsibilities, the court imposed 90 days intermittent custody with a 12‑month probation order and ancillary mandatory orders to achieve denunciation while permitting continued reintegration.

Court Disposition

Accused sentenced to 90 days imprisonment to be served intermittently plus 12 months probation and ancillary orders

Orders

  • 90 days imprisonment to be served intermittently Fridays 7:00 p.m. to Sundays 7:00 p.m.
  • Accused to be taken into custody for classification and released to begin intermittent sentence on the first scheduled Friday