Robbery (Sentencing Cases): Difference between revisions

From Criminal Law Notebook
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{{SCaseLong|''R v Grujic''<br> [http://canlii.ca/t/fqfq4 2012 ONCA 146] (CanLII){{TheCourtONCA}}|ON|CA| {{JailM|48}} | two store robberies}}
{{SCaseLong|''R v Grujic''<br> [http://canlii.ca/t/fqfq4 2012 ONCA 146] (CanLII){{TheCourtONCA}}|ON|CA| {{JailM|48}} | two store robberies}}


{{SCaseLong|''R v Link''<br>[http://canlii.ca/t/fqgjq 2012 MBPC 25] (CanLII){{perMBPC|MJ Smith J}}|MB|PC| 8 months CSO | }}
{{SCaseLong|''R v Link''<br>[http://canlii.ca/t/fqgjq 2012 MBPC 25] (CanLII){{perMBPC|MJ Smith J}}|MB|PC| {{CSOM|8}} | }}


{{SCaseLong|''R v Hutchings''<br> [http://canlii.ca/t/fpnks 2012 NLCA 2] (CanLII){{perNLCA|Green CJ}} | NL|CA| {{JailY|5.5}} |two counts of armed robbery--overview of procedure to decide on totality}}
{{SCaseLong|''R v Hutchings''<br> [http://canlii.ca/t/fpnks 2012 NLCA 2] (CanLII){{perNLCA|Green CJ}} | NL|CA| {{JailY|5.5}} |two counts of armed robbery--overview of procedure to decide on totality}}
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{{SCaseLong|R v Williams<Br>  [http://canlii.ca/t/4v6f 2001 NSCA 17] (CanLII){{perNSCA|Glube CJ}}|NS|CA | {{JailY|3}} | }}
{{SCaseLong|R v Williams<Br>  [http://canlii.ca/t/4v6f 2001 NSCA 17] (CanLII){{perNSCA|Glube CJ}}|NS|CA | {{JailY|3}} | }}


{{SCaseLong|R v Bruyere<Br> (1999), 144 Man. R. (2d) 142 (C.A.), [http://canlii.ca/t/234nx 1999 CanLII 18742] (MB CA){{perMBCA|Monnin JA}}|MB|CA | 9 months CSO | armed robbery}}
{{SCaseLong|R v Bruyere<Br> (1999), 144 Man. R. (2d) 142 (C.A.), [http://canlii.ca/t/234nx 1999 CanLII 18742] (MB CA){{perMBCA|Monnin JA}}|MB|CA | {{CSOM|9}} | armed robbery}}


{{SCaseLong|R v Clare<Br> [http://canlii.ca/t/1fl8j 2000 CanLII 10755] (MB CA), (2000), 145 Man. R. (2d) 142{{perMBCA|Huband JA}} | MB|CA |12 months CSO | two armed robberies’}}
{{SCaseLong|R v Clare<Br> [http://canlii.ca/t/1fl8j 2000 CanLII 10755] (MB CA), (2000), 145 Man. R. (2d) 142{{perMBCA|Huband JA}} | MB|CA |{{CSOM|12}} | two armed robberies’}}


{{SCaseLong|R v Damery<Br>[http://canlii.ca/t/1mmjc 1996 CanLII 5233] (NS CA){{perNSCA|Hallett JA}} |NS|CA  |5.5 years |}}
{{SCaseLong|R v Damery<Br>[http://canlii.ca/t/1mmjc 1996 CanLII 5233] (NS CA){{perNSCA|Hallett JA}} |NS|CA  |5.5 years |}}

Revision as of 15:07, 18 April 2020

Ranges of sentences for the offence of Robbery.

Store Robberies

Case Name Prv. Crt. Sentence Summary
R v Patrick,
2017 BCCA 299 (CanLII), per Fitch JA
BC CA 9 months imprisonment The offender plead guilty to robbery. He entered a gas station armed with a knife and attempted to rob the store. Part way through the process another costumer came in, causing the offender to run away. He was intoxicated at the time. The offender was 30 years old with a minor record for mischief.
R v Fitzgerald,
2017 CanLII 26708 (NL SCTD), per McGrath J
NL SC 30 months imprisonment The offender was convicted of robbery for robbing a jewelry store with threats of violence. The sentence was a joint recommendation. The judge also ordered DNA, Firearms prohibition.
R v Mawut,
2017 ONCA 168 (CanLII), per curiam
ON CA 9.5 years imprisonment The offender planned a robbery of two persons at a drug store. He pistol whipped a cashier and patron, causing permanent injury. He was 19 years old at the time of the offence. He had a "painful and traumatic" background.
R v Yetman,
2016 CanLII 25239 (NL PC), per Walsh J
NL PC 3 years, 9 months The offender pleaded guilty to two counts of armed robbery and one breach of probation. The first robbery was of a store with a curtain rod. The second robbery was a store with a steak knife. There were no threats of violence.
R v Marks,
2016 BCCA 480 (CanLII), per Stromberg-Stein JA
BC CA 12 months imprisonment The offender pleaded guilty to robbery for robbing a gas station with an imitation firearm.
R v Bajwa,
2016 BCPC 445 (CanLII), per Arthur-Leung J
BC PC 6 months imprisonment
R v Stanley-Smith,
2016 CanLII 24769 (NL PC), per Linehan J
NL PC 3 years, each (robbery)
5 months (poss'n break-in)
The offender entered 4 gas stations over 5 days and robbed them. She was armed with a syringe and threatened the cashiers. The first robbery was done with her face conealed. She was 20 years old with no prior record.
R v Felix,
2016 SKPC 45 (CanLII), per Harradence J
SK PC 18 month + P (robbery)
30 days + P (theft)
Offender stolen cigarettes and alcohol from a store. He was of aboriginal background.
R v Paul,
2016 NSSC 125 (CanLII), per Chipman J
NS SC 5 years imprisonment A joint recommendation
R v Rahey,
2015 ABQB 400 (CanLII), per Goss J
AB SC 32 months imprisonment Armed robbery of a pharmacy with firearm. He demanded oxycodone and fled with 40 pills.
R v Neigum,
2014 BCSC 2177 (CanLII), per Donegan J
BC SC 40 months imprisonment The offender robbed a liquor store.
R v Heatley,
2014 BCSC 954 (CanLII), per Josephson J
BC SC 7.5 years imprisonment Offender robbed 7 stores in a row while masked. All but one involved no violence. Motivated by drug addiction. Sentence of 18 years reduced on totality.
R v Morgan,
2013 ABCA 78 (CanLII), per Côté JA
AB CA 3.5 years imprisonment robbed store with fake gun
R v Forsythe,
2013 BCSC 1576 (CanLII), per Joyce J
BC SC 2 years imprisonment
R v Mckay,
2013 NSPC 119 (CanLII), per Tax
NS PC 16 months imprisonment
R v Fleming,
2013 CanLII 75 (NL PC), per Goulding J
NL PC 90 days imprisonment The offender pleaded guilty to attempted robbery. He gave note to pharmacist demanding oxycontin, claimed he had a gun.
R v Pruden-Collins,
2012 BCPC 441 (CanLII), per Brecknell J
BC PC 5 years imprisonment robbed Subway restaurant with firearm
R v Oates
2012 ONCJ 461 (CanLII), per Oates J
ON PC 4 years 9 months one store robbery, one bank robbery--prior record of 6 robberies
R v Soosay
2012 ABPC 220 (CanLII), per Anderson J
AB PC CSO two robberies and a B&E--offender was developmentally delayed
R v Macri
2012 SKPC 94 (CanLII), per Kalmakoff J
SK PC 1 year offender was driver for two armed robberies of stores
R v Brown
2012 ONCJ 262 (CanLII), per Hall J
ON PC 20 months imprisonment robbed a pharmacy while masked, co-accused had a knife
R v Pearson
2012 ABQB 240 (CanLII), per Michalyshyn J
AB SC two years less a day CSO offender displayed knife to clerk asking for money, clerk says "really?", then offender says "no, not really", and then leaves--good PSR--guilty plea
R v Massaquoi
2012 BCPC 113 (CanLII), per Chen J
BC PC 75 months imprisonment youth sentenced as adult--break into jewellery store with firearm
R v Kewell
2012 ONCJ 228 (CanLII), per Borenstein J
ON PC 4 years imprisonment prior record of 6 robberies
R v Hansen
2012 BCCA 142 (CanLII), per Hinkson JA
BC CA 48 months imprisonment two store robberies, defence appeal dismissed
R v Grujic
2012 ONCA 146 (CanLII), per curiam
ON CA 48 months imprisonment two store robberies
R v Link
2012 MBPC 25 (CanLII), per MJ Smith J
MB PC 8 months CSO
R v Hutchings
2012 NLCA 2 (CanLII), per Green CJ
NL CA 5.5 years imprisonment two counts of armed robbery--overview of procedure to decide on totality
R v Kotelko and Lindell
2011 MBPC 76 (CanLII)
MB PC 4 months imprisonment stealing from store while armed with knife
R v Jolicoeur
2011 MBQB 129 (CanLII), per Duval J
MB QB CSO Offender robbed a gas station by saying "money and cigarettes in the bag". Offender had a BB gun in pocket but did not show it to the victim. No threats were made.
R v Rogers
2011 BCCA 156 (CanLII), per Hall JA
BC CA 5.5 years imprisonment
R v Sampson
2010 SKPC 28 (CanLII), per Beaton J
SK PC 15 months imprisonment assisted principle in robbery with shotgun.
R v Lebar
2010 ONCA 220 (CanLII), per Epstein JA
ON CA robbed store with a knife, fled with cash; refused CSO
R v Maroti
2010 MBCA 54 (CanLII), per Steel JA
MB CA 3 years imprisonment series of 7 robberies of gas stations
R v Flowers
2010 ONCA 129 (CanLII), per curiam
ON CA 10 years imprisonment 8 counts of robbery with a firearm
R v Otter,
2010 ABPC 218 (CanLII), per Brown
AB PC 2 years less a day CSO The offender was extremely intoxicated and went behind a store counter. No weapons or threats involved.
R v McLeod,
2010 ONCJ 354 (CanLII), per Forsyth J
ON PC 90 days imprisonment The offender approached a gas station clerk and gave them a note asking for money and stating he had a gun. On the same date he robbed a gas station again.
R v Arbuthnot
2009 MBCA 106 (CanLII), per Chartier JA
MB CA 6 years 4 months Offender committed 13 offences including 11 gas station robberies over 17 days. It was motivated by drug addiction. No prior record and was out of character.
R v Furness
2007 BCCA 492 (CanLII), per Chiasson JA
BC CA 5 years imprisonment 7 robberies of fast-food establishments
R v Howse
2006 ABCA 163 (CanLII), per Costigan JA
AB CA 8 years imprisonment 4 counts of armed robbery offender aged 31, recovering addict, 54 prior offences; court stated “the three year starting point for convenience store robberies.”
R v Lee
2004 ABCA 70 (CanLII), per Russell JA
AB CA 2 years imprisonment convenience store armed robbery--prior record of 40 convictions, most in youth court--high risk to reoffend--premeditation and use of disguise--overturned 6 months
R v Kaiswatum
2003 SKCA 57 (CanLII), per Sherstobitoff JA
SK CA 18 months imprisonment rob store with butcher knife; prior record
R v Bratzer
[2001] NSJ 461 (C.A.), 2001 NSCA 166 (CanLII), per Bateman JA
NS CA 2 year less CSO The offender robbed three gas stations using a weapon. The victims were employees working alone in the early hours of the morning. He was 18 years old with a minor prior record. He had made major progress after he was charged including getting his GED, did counselling and did volunteer work. The Court of Appeal upheld the Conditional Sentence on appeal.
R v Owens,
2001 BCCA 465 (CanLII), per Levine JA
BC CA 18 months imprisonment The offender robbed a gas station with an accomplice while wearing balaclavas and a starter pistol.
R v Allison-McLeish
2001 CanLII 24040 (ONCA), per curiam
ON CA 3.5 years imprisonment The offender robbed a convenience store with a sawed-off shotgun; hit victim in the head several times
R v Barrett and Campbell
[2000] NSJ 178 (C.A.), 2000 NSCA 76 (CanLII), per Bateman JA
NS CA 10 years imprisonment store robbery; clerk shot
R v Longaphy
[2000] NSJ 376 (C.A.), 2000 NSCA 136 (CanLII), per Oland JA
NS CA 5 years imprisonment store robbery; knife; on parole for robbery at time
R v Wust
2000 SCC 18 (CanLII), [2000] 1 SCR 455, per Arbour J
CAN SCC 3.5 years imprisonment robbed gas station with loaded firearm; masked; struck victim several times
R v Arrance
[2000] 1 SCR 488, 2000 SCC 20 (CanLII), per Arbour J
CAN SCC 3.5 years imprisonment robbed gas station with loaded shotgun; pointed at victim's chest; long record
R v Izzard
1999 CanLII 18558 (NS C.A.), per Glube CJ
NS CA 2 years imprisonment offender was lookout and driver; armed robbery of convenience store; co-accused tied clerk up
R v McDonald
1998 CanLII 13327 (ON C.A.), per Rosenberg JA
ON CA 3 years imprisonment robbed fast food restaurant with BB gun
R v Wiberg
1997 CanLII 9809 (SK CA), per Gerwing JA
SK CA 1 year 19 year old; no record; rob store with knife
R v Scott,
[1996] NSJ 242 (C.A.)(*no CanLII links)
NS CA Suspended Sentence accused was driver for abusive and controlling husband; unique circumstances
R v Emmerson
(1993) 121 N.S.R. (2d) 252 (C.A.), 1993 CanLII 3207 (NS CA), per Matthews JA
NS CA 2 years imprisonment age 21; consumed drugs and alcohol; robbed convenience store of $23; appealed S/S
R v Fleming,
[1993] NSJ 469 (C.A.), 1993 CanLII 3130 (NS CA), per Matthews JA
NS CA 12 years imprisonment store robbery; masked; armed with tire iron and knife; stabbed in neck and face; injuries life threatening
R v Hynes,
[1993] NSJ 193, 1993 CanLII 3221 (NS CA), per Jones JA
NS 7 years imprisonment armed robbery with a mask; prior record
R v Bourgeois,
[1992] NSJ No. 486, 1992 CanLII 2523 (NS CA), per Clarke CJ
NS 4 years imprisonment armed robbery; not principal
R v Colley
(1991) 100 N.S.R. (2d) 447 (C.A.), 1991 CanLII 2508 (NS CA), per Freeman JA
NS CA 15 years imprisonment gas station robbery with tire iron; hit clerk causing skull fracture; did second robbery later in evening; long related record
R v Merlin
(1991) 102 N.S.R. (2d) 266 (C.A.), 1991 CanLII 2554 (NS CA), per Matthews JA
NS CA 1 year robbed store with knife
R v Cormier
1990 CanLII 2534 (NS CA), per Macdonald JA
NS CA 4 years imprisonment appealed from 3.5 years; mask and knife robbery of KFC; clerks were handcuffed; stole company car; long related record;
R v Large,
[1984] OJ No 155 (ONCA)(*no CanLII links)
ON CA 90 days imprisonment store robbery with knife

Street Robbery

Case Name Prv. Crt. Sentence Summary
R v Georgiev,
2017 ONSC 1265 (CanLII), per C. Brown J
ON SC 7 years imprisonment (global) The offender was convicted of robbery, assault causing bodily harm, aggravated assault, uttering threats, and possession of a weapon. He robbed a blind man.
R v Agin,
2017 BCSC 131 (CanLII), per Jenkins J
BC SC 11 years imprisonment (global) The offender pleaded guilty to robbery, discharging a prohibited firearm, and aggravated assault. The offender attempted to rob a grow-op house. During the altercation, he fired his gun twice, hitting an occupant on the building once.
R v Ignacio,
2016 BCPC 225 (CanLII), per Bagnall J
BC PC 1 year
R v Fehr,
2016 SKPC 87 (CanLII), per Daunt J
SK PC 2 years imprisonment (robbery) The offender robbed a cab driver at knife-point. The offender was of aboriginal descent.
R v Kelly,
2014 NLCA 9 (CanLII), per Rowe JA
NL CA 30 months (robbery)
36 months (global)
Offender grabbed woman on a walking trail and robbed her. Also charged with theft and two breaches. Offender was 29 years old at the time and had a drug problem.
R v Meechas
2012 MBPC 53 (CanLII), per M.J. Smith J
MB PC Suspended Sentence offender was aboriginal, just turned 18 years old
R v Gobin
2012 ONSC 3523 (CanLII), per Hill J
ON SC 3.5 years imprisonment robbery of vehicle using a fake firearm
R v Ayad
2012 ONSC 883 (CanLII), per Ray J
ON SC Suspended Sentence high shcool student robbed another of iphone during lunch period
R v Secter
2012 ABPC 95 (CanLII), per Dunnigan J
AB PC 90 days offender was driver in a robbery scheme where offenders would drive by and steal cell-phones from sellers
R v Lopez
2012 NBQB 29 (CanLII), per McLellan J
NB SC 12 months imprisonment attempted street robbery, violence involved
R v Ridgeway
2012 ABCA 29 (CanLII), per McDonald JA
AB CA 22 months imprisonment street robbery with imitation gun;
R v Barrett
2012 ONSC 82 (CanLII), per MacDonnell J
ON SC 6 years imprisonment 2 car jackings and 1 store robbery
R v Kunzig
2011 MBPC 81 (CanLII), per M.J. Smith J
MB PC Suspended Sentence offender jumped 15 year old, stole skateboard, threatened victim; youthful, no record, focus on rehabilitation
R v Nerling
2012 ABCA 114 (CanLII), per Slatter JA
AB CA 90 days mugging robbery -- appeal from S/S
R v Conlon
2011 ABCA 379 (CanLII), per Paperny JA
AB CA 90 days robbery; long time on strict bail conditions; no criminal record
R v Busby
2011 BCPC 331 (CanLII), per Ellan J
BC PC 3 years imprisonment planned robbery of person; stabbing
R v Gordon
2011 SKCA 130 (CanLII), per Cameron JA
SK CA 5 years imprisonment beat up and stabbed victim
R v Osmond
2011 ONSC 4124 (CanLII), per Belobaba J
ON SC 2 years imprisonment beat up friend over owed money; incl. aggravated assault (3 years)
R v Awasis
2010 BCCA 213 (CanLII), per Tysoe JA
BC CA 2 years imprisonment grabbed wallet on subway, used force to escape
R v Lapointe-Melo,
2010 ONCJ 314 (CanLII), per S. Brown J
ON PC 30 days imprisonment assist friends in robbing backpack of youth; offender held victim down;
R v Meawasige,
2008 ONCJ 122 (CanLII), per Horkins J
ON PC 5 mo after 7 mo remand credit robbed victim with a cap gun in a park; aboriginal offender; history of substance abuse
R v Johnson,
2007 NSCA 102 (CanLII), per Bateman JA
NS CA 3 years imprisonment also sentenced for breach probation. Offender hijacked student in his car with a knife, stole student's property and had him drive offender around. The offender had lengthy property-related youth record and history of breaching orders.
R v Ramalho,
2004 BCCA 617 (CanLII), per Esson JA
BC CA 2 years less a day CSO shot gun robbery in parking lot--offender had FAS
R v Klapcic,
2001 BCCA 487 (CanLII), per Low JA
BC CA 10 years imprisonment pistol whip old man to get ATM code from him; 3 prior robberies
R v Kusi,
1999 CanLII 2355 (ON C.A.), per curiam
ON CA 5 years robbed taxi driver; long record
R v Brewer,
[1997] NSJ 161 (C.A.), 1997 CanLII 14976 (NS CA), per Freeman JA
NS CA 6 years imprisonment 4 robberies of taxi driver to get money for crack; non-verbal threat
R v Bulat,
[1996] AJ No 647 (*no CanLII links)
AB 90 days mugging; minor injuries
R v Beals
(1994) 130 N.S.R. (2d) 177 (C.A.), 1994 CanLII 3989 (NS CA), per Hallett JA
NS CA 6 years imprisonment 3 cab drivers robbed; punched driver;
R v Brown,
[1994] M.J. No. 586(*no CanLII links)
MB 90 days purse snatching; no record; employed
R v Cocq,
[1991] OJ No. 1939 (C.A.)(*no CanLII links)
ON CA 90 days offender of good character
R v Pawluk,
 1990 ABCA 212 (CanLII), per Hetherington JA
AB CA 4 months purse snatching
R v Swan,
1983 ABCA 85 (CanLII), per Kerans JA
AB CA 12 months stole purse; resistance but no violence
R v Stanton,
 1983 ABCA 252 (CanLII), per McGillivray JA
AB CA 53 days stole purse

Bank Robbery

Case Name Prv. Crt. Sentence Summary
R v Tattersall,
2016 BCPC 81 (CanLII), per Doulis J
BC PC 2 years less a day
R v Arnaud,
2016 MBPC 39 (CanLII), per Pollack J
MB PC 4 years (each robbery) The offender robbed a woman of her vehicle, robbed two banks using a note. He was 30 years old. He confessed to the offences on arrest.
R v Turnbull,
2014 BCCA 186 (CanLII), per HArris JA
BC CA 5.5 years imprisonment The offender robbed a bank. He gave note to bank teller demanding money.
R v Trapasso,
2014 ABCA 66 (CanLII), per Paperny JA
AB CA 7 years The offender robbed a convenience store and then a bank within a few days.
R v Musclow,
2013 ONCJ 447 (CanLII), per Reinhardt J
ON PC 8 years imprisonment The offender robbed 4 banks.
R v McPherson,
2013 BCCA 551 (CanLII), per Bennett JA
BC CA 36 months imprisonment The offender robbed a bank 38 days after getting out from prison. He did it in order to go back in jail. He was 57 years old and had 20 prior convictions for robbery, no record of violence otherwise. He had previously served 5 years for robbing the same bank. There was a history of heroin addiction.
R v Nilsson,
2012 BCCA 498 (CanLII), per Garson JA
BC CA 8 years imprisonment The offender convicted of two counts robbery.
R v Rudolph,
2012 SKQB 442 (CanLII), per Gabrielson J
SK SC 10 years imprisonment
R v Zakis,
2012 BCCA 450 (CanLII), per Levine JA
BC CA 6 years imprisonment The offender asked bank teller for $10,000.
R v Mohammed,
2012 ONSC 3072 (CanLII), per Pattillo J
ON SC 18 months imprisonment
R v Johnson,
2012 ONCA 339 (CanLII), per Blair JA
ON CA 20 years The offender was convicted of 9 counts of bank robbery. He had a prior record of 26 bank robberies. The sentencing judge gave him 26 years and the offender appealed.
R v Przybyla,
2012 ABPC 183 (CanLII), per Barley J
AB PC 21 months imprisonment
R v Hassan,
2011 ONSC 5128 (CanLII), per Ratushny J
ON SC 28 months imprisonment
R v Nembhard,
2010 ONCA 420 (CanLII), per curiam
ON CA 7 years The offender was convicted of 2 bank robberies.
R v Evanson,
2009 BCCA 425 (CanLII), per Bennett JA
BC CA 39 months imprisonment
R v Smith,
2007 BCPC 198 (CanLII), per Frame J
BC PC 3 years imprisonment series of 3 bank robberies; threatening note; no weapons visible
R v MacDonald,
2006 BCCA 535 (CanLII), per Smith JA
BC CA The offender robbed a gas station.
R v Dionne,
2004 BCCA 275 (CanLII), per Lambert JA
BC CA 3 years imprisonment The offender committed a bank robbery while masked. No threats were made.
R v Jenkins,
2004 ABPC 48 (CanLII), per Lefever J
AB PC 7 years imprisonment
R v Carlson,
2002 CanLII 44928 (ONCA), per curiam
ON CA 17.5 years imprisonment The offender was a career bank robber. He robbed a bank armed with firearm and was masked.
R v Bezdan,
2001 BCCA 215 (CanLII), per Prowse JA
BC CA 5 years imprisonment The offender robbed a bank with a note. He was on probation at the time of the offence. The offender was 36 years old and had 7 prior robbery convictions.
R v Lackey,
1999 BCCA 549 (CanLII), per Finch JA
BC CA 5 years imprisonment The offender robbed a bank using a note while serving a conditional sentence order. He was 45 years old with a long record of drug and property offences. He had a history of drug addiction. There was an early guilty plea. Crown appeal of trial judge's sentence of 3 years.
R v Corkum
1997 CanLII 1466 (NS SC), per Davison J
NS SC 8 years imprisonment The offender was convicted of two counts of bank robbery. The sentence was divided between 3 and 5 years to be served consecutively.
R v Helpard,
[1995] NSJ 426 (C.A.), 1995 CanLII 4274 (NS CA), per Pugsley JA
NS CA 5 years imprisonment The offender was convicted of bank robbery. He had no prior criminal record.
R v Leet
(1989), 88 N.S.R. (2d) 161(*no CanLII links)
NS CA 5 years imprisonment The offender was convicted of four counts robbery, of which three related to one bank. He was masked and armed with imitation handgun at the time of the robberies. The offender was 37 years old, married, educated, and with four children. The sentence was divided between two years and three years to be served consecutively.
R v Brophy
(1989) 89 N.S.R. (2d) 417(*no CanLII links)
NS CA 5 years (bank robbery)
3 years (store robbery)
8 years (global)
The offender was convicted of two counts robbery: one was a bank robbery and the other one was a store robbery. Both robberies were committed on same day. He used imitation handgun. The offender was 28-year-old at the time. He was sentenced to 5 years and 3 years, to be served consecutively

Home Invasion

Case Name Prv. Crt. Sentence Summary
R v McNeil,
2016 ONCA 384 (CanLII), per curiam
ON CA 60 months imprisonment He was chased on-and-off by police while driving a stolen car. He stopped at the residence of an elderly couple. He punched the 78 old man in the face and pushed the wife aside, entering the house. He pushed the old man twice again each time he got up. The offender stole the man's wallet and keys, stealing his car.
R v Bungay-Lloyd,
2016 NSSC 110 (CanLII), per Chipman J
NS SC 4 years, 10 months The offence It was a joint recommendation.
R v Viscount,
2014 BCPC 83 (CanLII), per Wingham J
BC PC 6 to 7 years broke into victim's apartment to rob him using an imitation firearm and while masked. Assaulted victim in the process.
R v Simon,
2014 NBCA 4 (CanLII), per Green JA
NB CA 7 years (robbery)
5 years (aggr assault)
R v Donald King,
2013 CanLII 27259 (NL PC), per Mennie J
NL PC 5 years (robbery)
60 days (breach)
R v Lewis,
[2012] N.J. No. 59, 2012 NLCA 11 (CanLII), per Wells JA
NL CA 8 years imprisonment
R v Argueta,
2011 ONCJ 578 (CanLII), per Watson J
ON PC 5.5 years imprisonment
R v MEW,
2011 BCPC 267 (CanLII), per Ellan
BC PC 30 months imprisonment
R v XY,
2007 ONCA 189 (CanLII), per Armstrong JA
ON CA
R v Wright,
2006 CanLII 40975 (ON C.A.), per Blair JA
ON CA 8 years
R v Dear,
2003 ABQB 239 (CanLII), per Moore J
AB SC 8 years imprisonment young female victim; attacked in apartment over 15 min; long record
R v Whicher,
2002 BCCA 336 (CanLII), per Hall JA
BC CA 10 years elderly couple's home; history of drug addiction; demanded money at knifepoint
R v Harriott,
2002 CanLII 23588 (ON C.A.), per MacPherson JA
ON CA 8 years imprisonment invaded home; threatened to kill home owners
R v Wang,
2001 CanLII 20933, 2001 CanLII 9528 (ON C.A.), per Finlayson JA
ON CA 5 years 3 home invasion robberies; acted as lookout and brandished a sword
R v Harris,
2000 NSCA 7 (CanLII), per Glube CJ
NS CA 15 years imprisonment vicious home invasion of elderly couple; brain injury and broken hip
R v Barrett and Campbell,
2000 NSCA 76 (CanLII), per Bateman JA
NS CA 2 and 10 years
R v Harris,
[2000] NSJ 9 (C.A.), 2000 NSCA 7 (CanLII), per Glube CJ
NS CA 15 years imprisonment home invasion; extreme violence
R v Lewis,
2000 CanLII 2623 (ON C.A.), per curiam
ON CA 10 years imprisonment robbed in home; face crushed; throat cut and stabbed several times; loss of eye and permanent disfigurement
R v Bernier,
2003 BCCA 134 (CanLII), per Southin JA
BC CA 6 years imprisonment reduced from 14 years
R v Stephenson
(1998) 169 NSR 159 (CA), 1998 CanLII 1958 (NS CA), per Pugsley JA
NS CA 6 years imprisonment home invasion of of 86 year old; accused was driver who directed the principle
R v Fraser
(1997) 158 N.S.R. (2d) 163, 1997 CanLII 9927 (NS CA), per Pugsley JA
NS CA 6 years imprisonment home invasion of 83 year old's home; masks; knife; cut phone wires; confined victim; no prior record; range said to be 6 to 10 for these types
R v Foster
(1997), 161 NSR 371 (CA), 1997 CanLII 1927 (NS CA), per Pugsley JA
NS CA 6 years imprisonment overturned 28 months; home invasion of 62 year old; punches to head of victim until unconscious; stole wallet
R v Matwiy
1996 ABCA 63 (CanLII), per curiam
AB CA 10 years armed with knife and shotgun; thought victim was drug dealer; extensive criminal record
R v Hachez
1995 CanLII 1109 (ON C.A.), per Finlayson JA
ON CA 10 years imprisonment two home invasion robberies; lengthy criminal record
R v Matwiy
1994 CanLII 9150 (AB QB), per Daniel J
AB SC 10 years imprisonment armed home invasion; lengthy record; co-accused also got 11 years
R v Leger
1993 CanLII 3107 (NSCA), (1994), 125 N.S.R. (2d) 154, per Clarke CJ
NS CA 5 years imprisonment home invasion robbery
R v Benoit
(1990) 95 N.S.R. (2d) 113 (C.A.), 1990 CanLII 2398 (NS CA), per Jones JA
NS CA 4 years imprisonment home invasion; masked; elderly woman hit in face
R v Bateman
[1988] AJ No 287, 1988 ABCA 67 (CanLII), per Stevenson JA
AB CA 7 years imprisonment
R v Kraft
(1986), 68 A.R. 83, 1986 ABCA 14 (CanLII), per Quigley JA
AB CA 6.5 years imprisonment imitated cops to get in; robbed to collect debt
R v Johnson
(1984) 61 NSR 357 (CA)(*no CanLII links)
NS CA 12 years imprisonment

Uncategorised

Case Name Prv. Crt. Sentence Summary
R v McIvor,
2017 MBPC 11 (CanLII), per Lord J
MB PC 5 years imprisonment The offender was convicted of robbery with a prohibited firearm and was subject to a mandatory minimum. The judge rejected a claim for cruel and unusual punishment under s. 12 of the Charter
R v Weatherbee,
2015 NSSC 245 (CanLII), per Coughlan J
NS SC 54 months (robbery)
2 years (disguise)
2 years (weapon)
The offender plead guilty to robbery, disguise with intent and possession of a weapon. [per Coughlan J]
R v Rhyno,
2013 NSSC 217 (CanLII), per Pickup J
NS SC 3.5 years imprisonment
R v Kelly
2013 CanLII 4646 (NL PC), per Gorman J
NL PC 30 months (robbery)
1 month (theft)
4 months (breaches)
R v Singh
2012 ONSC 4429 (CanLII), per Thorburn J
ON SC 6.5 years robbery of a job site with loaded restricted firearm (5 year mandatory)--police brutality involved
R v Hawkins
2008 NBCA 40 (CanLII), per Richard JA
NB CA 13 years guilty to 33 offences including several armed robberies--29 year old drug addict--lengthy record --reduced from 20 years
R v Williams
2001 NSCA 17 (CanLII), per Glube CJ
NS CA 3 years imprisonment
R v Bruyere
(1999), 144 Man. R. (2d) 142 (C.A.), 1999 CanLII 18742 (MB CA), per Monnin JA
MB CA 9 months CSO armed robbery
R v Clare
2000 CanLII 10755 (MB CA), (2000), 145 Man. R. (2d) 142, per Huband JA
MB CA 12 months CSO two armed robberies’
R v Damery
1996 CanLII 5233 (NS CA), per Hallett JA
NS CA 5.5 years
R v Fraser
(1995) 145 N.S.R. (2d) 76 (C.A.) 1995 CanLII 4270 (NSCA), per Hallett JA
NS CA 6 years imprisonment 2 robberies; overturned JR for 4 years
R v Higgins
(1984), 64 N.S.R. (2d) 272(*no CanLII links)
NS CA 7 years imprisonment record of two prior robberies--appeal dismissed
R v Grady
(1971) 5 N.S.R. (2d) 264(*no CanLII links)
NS CA


Term PC SC CA S/S
Defined Provincial
Court
Superior
Court
Court
of Appeal
Suspended
Sentence