Sentence reduced for woman, 47, who confronted mother

The B.C. Court of Appeal has cut in half the jail sentence imposed in the bizarre case of a visibly intoxicated woman wearing a long dark wig and dish gloves who confronted another woman at home with her four-year-old daughter and baby.

Sharon Forner, 47, pleaded guilty to one count of breaking and entering with intent to commit an assault in relation to the incident at the home of Katherine Rinas in Osoyoos on August 8, 2018.

Court heard that when Rinas answered the door, Forner asked to see the baby.

Rinas closed the door, but Forner reopened the door and entered the home wielding a large butcher knife over her head.

Rinas grabbed Forner and pushed her out the door and called police, who later arrested the accused.

In August last year, provincial court Judge Gregory Koturbash imposed a sentence of 40 months in jail on Forner, reducing the sentence to nearly two years in prison to reflect credit for pre-sentence custody. The judge also ordered that Forner not be within 50 kilometres of Osoyoos during her three years of probation.

On appeal, Forner’s lawyer argued the judge had erred by treating the accused’s mental health and alcohol addiction problems as aggravating factors when they ought to have been considered as tending to diminish her culpability.

The Crown argued the sentencing judge appropriately considered the evidence in pre-sentence reports and properly weighed the aggravating and mitigating factors.

But a unanimous ruling by a three-judge panel of B.C.’s highest court found the judge erred in his analysis of the offender’s mental health issues and alcohol addiction.

At the time of the offence, Forner had a 16-year history of alcohol abuse and was consuming 12 to 15 drinks a day in combination with prescribed psychiatric medication.

The sentencing judge said he accepted there may have been some type of mental health issue at play that was exacerbated by her consumption of alcohol and prescription medication, finding her mental health was both mitigating and aggravating.

In his reasons for judgment, B.C. Court of Appeal Justice Christopher Grauer found the judge was wrong to have made such a finding.

Graeur found that a more appropriate sentence was 20 months in prison.