MOOSE JAW — Judge David Chow rarely changes joint submissions when sentencing offenders, but his concern about a former City of Moose Jaw employee caused him to impose a heavier sentence.
The provincial court judge expressed his reservations about the proposed conditions for Kodi Steven Karmarznuk during the sentencing hearing on March 6.
The offender appeared by video from the Saskatchewan Psychiatric Hospital in North Battleford.
Karmarznuk, 29, pleaded guilty to three counts of breaking into his grandmother’s home, one count of mischief for punching and damaging a friend’s TV, one count of mischief for damaging his grandma’s couch with a knife, one count of mischief for willfully interfering with property at the city complex on High Street West after breaking in using his key fob, one count of mischief at Walker’s Towing by tipping over a steel bin and one count of possessing a weapon (butcher knife) dangerous to the public peace.
He also pleaded guilty to eight charges related to breaches or failing to obey court conditions.
All his charges occurred in 2024.
As part of the joint submission, the Crown and defence recommended that Karmarznuk receive an 18-month custodial (jail) sentence, while he must provide DNA samples and is prohibited from possessing weapons for 10 years.
However, since he had spent 202 days in custody, the court credited him with 303 days served, so he has roughly 237 days remaining.
“This is a pretty significant sentence for someone who hasn’t had a criminal record prior to this,” said Crown prosecutor Monique Paquin.
In crafting the joint submission, the Crown and defence were mindful that these offences were break-ins to residences and that Karmarznuk was prohibited from having contact with his grandmother, she added. Due to these patterns, “nothing other than jail (was) appropriate at this point.”
Legal Aid lawyer Zak Anderson explained that Karmarznuk worked for the city from 2020 to 2023 but was unable to continue because of his mental illness and addiction issues. His drinking started at age 13, while he later began taking ecstasy, cocaine, crack and meth. The latter drug contributed to his mental illness and these offences.
Karmarznuk has seen a psychiatrist and has taken medication, which addressed some of his hallucinations and paranoia, but because he is paranoid, he stops taking his pills and takes illegal drugs to remain awake since he’s afraid to sleep, Anderson said.
The Legal Aid lawyer noted that Karmarznuk was homeless last year, so he slept at the Willow Lodge shelter and sometimes stayed with his grandmother when she invited him over, although he did not have permission during these offences.
Judge Chow then asked what would happen upon Karmarznuk’s release and whether the counsels had considered probation. He noted that he had “a real concern” with releasing the man back into the community without further restrictions.
Furthermore, even if Karmarznuk progressed well in custody and continued to be assessed at the hospital, the judge wanted to know what incentive the man had upon his release to continue seeing a psychiatrist.
Anderson replied that they never considered probation since they thought the man’s father would be sufficient support. Furthermore, Karmarznuk had the incentive to remain on his medications or face returning to jail.
Paquin said they thought rehabilitation was sufficient for a first-time offender, while the Crown didn’t ask for probation since Karmarznuk had a problem complying with court orders.
“… I am loathe to interfere with joint submissions … . And it is extremely rare that I deviate from joint submissions,” said Judge Chow.
Continuing, Chow said he realized Karmarznuk had no previous record but pointed out that the offences were a “significant escalation,” numerous, serious and violent. Furthermore, he had “very serious safety concerns” about releasing the man back into the community without probation to address his mental health and addictions.
Therefore, the judge imposed 12 months of probation, with conditions including taking programming, seeing a doctor and taking medications.
The judge also agreed to waive the victim fund surcharge fine.
