2012 SKCA 11 Date:, 2012 SKCA 11

THE COURT OF APPEAL FOR SASKATCHEWAN Citation: 2012 SKCA 11 Date: 20120209 Between: Docket: CACR2016 Maynard Desnomie Appellant - and - Her Majesty the Queen Respondent Coram: Cameron, Smith and Caldwell JJ.A. Counsel: James Sirounis for the appellant Beverly Klatt for the respondent

Appeal: From: The Provincial Court Heard: February 9, 2012 Disposition: Appeal dismissed Oral Reasons: February 9, 2012 By: The Honourable Mr. Justice Cameron for the Court CAMERON J.A. [ 1 ] The appellant was sentenced in Provincial Court by Judge Tomkins to a global term of imprisonment of 47 months for having committed numerous offences.

The most serious of the offences were possession of stolen property, stolen in the course of two break-ins of drug stores; breaking into two business premises, once while masked and in possession of an instrument for breaking and entering; and breaking into a private residence and assaulting one of the occupants. The other offences had to do with breaching the conditions of court orders. [ 2 ] Judge Tomkins’ reasons for judgment reflect a thoughtful and measured approach, having regard for the circumstances of the offences and the offender.

She is said to have failed to give effect, or to give adequate effect, to the totality principle. Given the circumstances, including the appellant’s lengthy criminal record, we do not agree. Nor are we satisfied that she erred in principle in any other respect, or that the sentence is demonstrably unfit. [ 3 ] Accordingly, the appeal is dismissed.