R. v. Cox (J.) et al., (1996) 177 N.B.R.(2d) 204 (PC)

• Judge: Arsenault, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: March 27, 1996
• Jurisdiction: New Brunswick
• Citations: (1996), 177 N.B.R.(2d) 204 (PC)

R. v. Cox (J.) (1996), 177 N.B.R.(2d) 204 (PC);

    177 R.N.-B.(2e) 204; 449 A.P.R. 204

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Her Majesty The Queen v. Jeffrey Cox, Chris Blackmore and Shane Michael Babin MacDonald

(2503011 Cox; 2504411 Blackmore; 2505411 Babin)

Indexed As: R. v. Cox (J.) et al.

New Brunswick Provincial Court

Arsenault, P.C.J.

March 27, 1996.

Summary:

Three accused pleaded guilty to a charge of robbery under s. 344 of the Criminal Code.

The New Brunswick Provincial Court sentenced the accused accordingly.

Criminal Law - Topic 5834

Sentencing - Considerations - Circum­stances tending to increase sentence - Three accused were charged with the robbery of a liquor store using a loaded weapon - The accused were under the influence of alcohol and/or drugs - In imposing sentence, the New Brunswick Provincial Court stated that it considered the fact that the accused were under the influence of alcohol and/or drugs to be an aggravating factor as opposed to a factor in mitigation of sentence - See paragraph 2.

Criminal Law - Topic 5855

Sentence - Robbery - Four persons robbed a liquor store using a loaded weapon - Two went inside and two waited out­side - Three employees and two cus­tomers were threatened - The weapon was dis­charged inside the store - Cox, Black­more and Babin MacDonald pleaded guilty to the offence - They had been under the influ­ence of alcohol and/or drugs - The pro­ceeds were $19,000, including $8,900 in cash - Some measure of premeditation and planning - A diversionary telephone call was made to the police - Cox, one of the inside robbers, had prior convictions for break and entry and in respect of being an accessory to a theft - He had been sen­tenced to one month's imprisonment on each count - The New Brunswick Provin­cial Court sentenced Cox to 54 months' im­prisonment and imposed a 10 year firearms prohibition - See paragraph 15.

Criminal Law - Topic 5855

Sentence - Robbery - Four persons robbed a liquor store using a loaded weapon - Two went inside and two waited out­side - Three employees and two cus­tomers were threatened - The weapon was dis­charged inside the store - Cox, Black­more and Babin MacDonald pleaded guilty to the offence - They had been under the influence of alcohol and/or drugs - The proceeds were $19,000, including $8,900 in cash - Some measure of premeditation and planning - A diversionary telephone call was made to the police - Babin Mac­Don­ald, one of the robbers who remained outside, had prior convictions for pos­ses­sion of stolen property, for break and entry and for theft - Babin MacDonald had been sentenced to a total of 30 days' incar­ceration - The New Brunswick Prov­incial Court sentenced Babin MacDonald to 42 months' imprisonment and imposed a 10 year firearms prohibition - See para­graph 17.

Criminal Law - Topic 5855

Sentence - Robbery - Four persons robbed a liquor store using a loaded weapon - Two went inside and two waited out­side - Three employees and two cus­tomers were threatened - The weapon was dis­charged inside the store - Cox, Black­more and Babin MacDonald pleaded guilty to the offence - They had been under the influence of alcohol and/or drugs - The proceeds were $19,000, including $8,900 in cash - Some measure of premeditation and planning - A diversionary telephone call was made to the police - Blackmore, one of the robbers who remained outside, had prior convictions for theft, uttering a forged document, break and entry, pos­session of a narcotic and assault - Black­more had been sentenced to a total of 42 days' incarceration - The New Brunswick Provincial Court sentenced Blackmore to 42 months' imprisonment and imposed a 10 year firearms prohibition - See para­graph 17.

Cases Noticed:

R. v. Matthews (1983), 45 N.B.R.(2d) 265; 118 A.P.R. 265 (C.A.), consd. [para. 7].

R. v. Chiasson (1975), 10 N.B.R.(2d) 696; 4 A.P.R. 696 (C.A.), consd. [para. 9].

R. v. Hadland (1984), 55 N.B.R.(2d) 436; 144 A.P.R. 436 (C.A.), consd. [para. 10].

R. v. Guitare (1987), 81 N.B.R.(2d) 171; 205 A.P.R. 171 (C.A.), refd to. [para. 12].

R. v. Arsenault (R.A.) (1992), 128 N.B.R.(2d) 185; 322 A.P.R. 185 (T.D.), consd. [para. 12].

R. v. Desjardins (1991), 112 N.B.R.(2d) 269; 281 A.P.R. 269 (C.A.), consd. [para. 13].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 100 [para. 19]; sect. 344 [para. 1].

Authors and Works Noticed:

Nadin-Davis, Sentencing in Canada, gen­erally [paras. 7, 9].

Counsel:

J. George Chiasson, Q.C., for the Crown;

Peter White, for Jeffrey Cox;

Jean-Guy Henri, for Chris Blackmore and Shane Michael Babin MacDonald.

This case was heard before Arsenault, P.C.J., of the New Brunswick Provincial Court, who delivered the following decision on March 27, 1996.