R. v. Clark (J.), (2008) 459 A.R. 262 (QB)

• Judge: Lee, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: August 05, 2008
• Jurisdiction: Alberta
• Citations: (2008), 459 A.R. 262 (QB);2008 ABQB 499

R. v. Clark (J.) (2008), 459 A.R. 262 (QB)

MLB headnote and full text

Temp. Cite: [2008] A.R. TBEd. SE.092

Her Majesty the Queen (Crown) v. Joanne Clark (accused)

(041398488Q1; 2008 ABQB 499)

Indexed As: R. v. Clark (J.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Lee, J.

September 15, 2008.

Summary:

The accused was charged with two counts of robbery.

The Alberta Court of Queen's Bench, in a decision reported at [2008] A.R. Uned. 445, found the accused guilty of both counts.

The Alberta Court of Queen's Bench sentenced the accused to 36 months' imprisonment, to be reduced by a period of 117 days of custody to date multiplied by a factor of two for a total credit of 234 days. The court ordered a s. 109 weapons prohibition and a DNA order.

Editor's note: For other proceedings involving this accused, see (2008), 455 A.R. 132, (2008), 453 A.R. 195 and (2008), 451 A.R. 86.

Criminal Law - Topic 5855

Sentence - Robbery - The 46 year old accused was binging on crack cocaine in November 2004 when she entered a gasoline station/convenience store and asked for money - The accused said that she had a knife hidden in her jacket sleeve - Evidence established that approximately $684 was stolen - A few nights later, the accused returned to same store where a different clerk was on duty, but did not take the knife with her, and stole approximately $267 - The accused was convicted of two counts of robbery - The accused's previous criminal record was unrelated - Her upbringing was difficult, she had health issues and suffered from substance addictions - The Alberta Court of Queen's Bench sentenced the accused to 36 months' imprisonment, to be reduced by a period of 117 days of custody to date multiplied by a factor of two for a total credit of 234 days - While the accused expressed some remorse for her actions, that remorse was tempered by a number of denials of responsibility - These would include her victimization as a result of her attempts to help her friend; her assertion that the amount of money reported stolen had been exaggerated; the fact that the knife that was used in the first robbery simply "fell out" in her words; the denial of some of the trauma that was suffered, particularly by the first victim of the robbery; and the statement that insurance would cover any losses - The fact that the robberies were committed while the accused was under the influence of illicit substances was not a mitigating factor where the addictions had nothing to do directly with her health or emotional problems.

Cases Noticed:

R. v. Johnas et al. (1982), 41 A.R. 183 (C.A.), consd. [para. 24].

R. v. Nicholson (J.C.) (2008), 432 A.R. 391; 424 W.A.C. 391; 2008 ABCA 256, refd to. [para. 33].

R. v. Lavorato (J.P.), [2007] A.R. Uned. 514; 2007 ABPC 159, refd to. [para. 33].

R. v. Ryan (C.J.), [2007] A.R. Uned. 253; 2007 ABPC 139, refd to. [para. 33].

R. v. Grunerud (K.J.) (2007), 414 A.R. 259; 2007 ABPC 82, refd to. [para. 33].

R. v. Levagood (G.F.) (2006), 410 A.R. 211; 2006 ABPC 214, refd to. [para. 33].

R. v. Muldoon (W.S.) (2006), 401 A.R. 42; 391 W.A.C. 42; 2006 ABCA 321, refd to. [para. 33].

R. v. Janes (J.V.), [2006] A.R. Uned. 623; 2006 ABPC 260, refd to. [para. 33].

R. v. Christie (R.D.) (2004), 357 A.R. 47; 334 W.A.C. 47; 2004 ABCA 287, refd to. [para. 33].

R. v. Lee (D.J.) (2004), 346 A.R. 308; 320 W.A.C. 308; 2004 ABCA 70, refd to. [para. 33].

R. v. Howse (S.V.) (2006), 384 A.R. 176; 367 W.A.C. 176; 2006 ABCA 163, refd to. [para. 34].

R. v. Fleming, 1995 CarswellAlta 1086 (C.A.), refd to. [para. 34].

Counsel:

Prima Michell (Crown Prosecutor), for the Crown;

Ronald A. Morin, for the accused.

This case was heard on August 5, 2008, by Lee, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following reasons for judgment on September 15, 2008.