R v Kraaz

In the case of R v Kraaz, the applicant appealed against her sentence for entering a dwelling to commit an indictable offence in the company of others. The applicant had been sentenced to four years imprisonment with a recommendation for post-prison community-based release after serving 18 months. The applicant argued that her sentence did not reflect the level of her involvement compared to her co-offenders and that it was manifestly excessive. Additionally, the applicant had served thirty days in pre-sentence custody for a charge that was later dropped, and the respondent did not object to the Court reducing the sentence to account for this time.

The legal issues before the Court included whether the sentence imposed was manifestly excessive and whether time served in pre-sentence custody for unrelated charges should be considered. The Court needed to determine if the sentence was disproportionately harsh and whether the applicant's pre-sentence custody for unrelated charges should be taken into account when reducing the sentence.

The Court found that the applicant's sentence was manifestly excessive given her level of involvement and the fact that her co-offenders received lesser sentences. Furthermore, the Court found that the applicant's pre-sentence custody for unrelated charges should be considered when reducing the sentence. As a result, the Court allowed the application, granted the applicant leave to reopen the sentencing proceedings, set aside the original sentence, and imposed a new sentence of three years and 10 months imprisonment.