R. v. C., (1984) 1 O.A.C. 115 (CA)

JudgeMartin, Goodman and Robins, JJ.A.
CourtCourt of Appeal (Ontario)
Case DateJanuary 06, 1984
JurisdictionOntario
Citations(1984), 1 O.A.C. 115 (CA)

R. v. C. (1984), 1 O.A.C. 115 (CA)

MLB headnote and full text

R. v. C.

Indexed As: R. v. C.

Ontario Court of Appeal

Martin, Goodman and Robins, JJ.A.

January 6, 1984.

Summary:

The accused pleaded guilty to ten counts of robbery and one count of using a firearm during the commission of an indictable offence. The accused was sentenced to two years less one day concurrent on each of the ten counts of robbery and one year consecutive on the firearms count plus probation for three years. The Crown appealed against sentence.

The Ontario Court of Appeal allowed the appeal. The court increased the sentence to one year each for three counts of robbery, consecutive, and one year each for all other counts of robbery, concurrent. The court sentenced the accused to one year consecutive on the firearms offence, for a total sentence of four years.

Criminal Law - Topic 5848.8

Sentencing - Considerations - First offence - The Ontario Court of Appeal stated that in cases involving youthful first offenders the primary emphasis on sentencing should be individual deterrence and the rehabilitation of the offender - See paragraph 22.

Criminal Law - Topic 5855

Sentence - Robbery - The accused high school student pleaded guilty to committing ten robberies of banks, convenience stores and pharmacies over a seven-week period - Some were committed by the accused alone, others with youthful accomplices - A loaded firearm was used in nine robberies plus a knife in many of them - The accused netted $4,100 total - He was 16 and 1 7 at the time of the offences - First offender - Accused remorseful and severely depressed - The Ontario Court of Appeal sentenced the accused to one year on each of three counts of robbery, consecutive, plus one year on each of the remaining seven counts, concurrent, for a total of three years - See paragraphs 3 to 20, 26.

Criminal Law - Topic 5871

Sentence - Use of firearm during robbery - A high school student pleaded guilty to committing ten robberies of banks, convenience stores and pharmacies over a seven-week period - Some were committed by the accused alone, others with youthful accomplices - A loaded firearm was used in nine robberies plus a knife in many of them - The accused netted $4,100 total - He was 16 and 17 at the time of the offences - First offender - Accused remorseful and severely depressed - The Ontario Court of Appeal sentenced the accused to one year imprisonment on a charge of using a firearm during the commission of a robbery (Criminal Code, s. 83), consecutive to his three year sentence for robbery - See paragraphs 3 to 20, 26.

Cases Noticed:

R. v. Dunkley (1976), 3 C.R.(3d) S-51, refd to. [para. 22].

Counsel:

Bonnie J. Wein, for the appellant;

Wayne T. King, for the respondent.

This appeal was heard before Martin, Goodman and Robins, JJ.A., of the Ontario Court of Appeal, on December 14 and 15, 1983. The decision of the Court of Appeal was delivered orally by Martin, J.A., and released on January 6, 1984.

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1 practice notes
  • R. v. Asif, 2020 ONSC 1403
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 9 de março de 2020
    ...grave offence because of "the threat to human life that is represented even by the accidental discharge of the firearm": R. v. Cadieux (1983), 1 O.A.C. 115 (C.A.), at p. [43] In Cadieux, the Court of Appeal emphasized the offender's "extreme youth" in imposing a four-year sentence, but obse......
1 cases
  • R. v. Asif, 2020 ONSC 1403
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 9 de março de 2020
    ...grave offence because of "the threat to human life that is represented even by the accidental discharge of the firearm": R. v. Cadieux (1983), 1 O.A.C. 115 (C.A.), at p. [43] In Cadieux, the Court of Appeal emphasized the offender's "extreme youth" in imposing a four-year sentence, but obse......

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