R. v. Macri (A.), (2012) 400 Sask.R. 130 (PC)

• Judge: Kalmakoff, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: June 25, 2012
• Jurisdiction: Saskatchewan
• Citations: (2012), 400 Sask.R. 130 (PC);2012 SKPC 94

R. v. Macri (A.) (2012), 400 Sask.R. 130 (PC)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. JN.057

Her Majesty the Queen v. Aaron Macri

(Information No. 37857170; 2012 SKPC 94)

Indexed As: R. v. Macri (A.)

Saskatchewan Provincial Court

Kalmakoff, P.C.J.

June 25, 2012.

Summary:

The accused pled guilty to two counts of robbery with violence. He had acted as the driver in two convenience store robberies.

The Saskatchewan Provincial Court held that the accused had been convicted of serious personal injury offences and a conditional sentence was not available. The court imposed a period of imprisonment of one year on each count, to be served concurrently. In addition, the court imposed a mandatory firearms prohibition order under s. 109 of the Criminal Code for a period of 10 years and a DNA sample order.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See both Criminal Law - Topic 5855 ].

Criminal Law - Topic 5855

Sentence - Robbery - As of December 1, 2007, conditional sentences were not available for "serious personal injury offences", as that term was defined in s. 752 of the Criminal Code - The Saskatchewan Provincial Court stated that "Because of the wide range of circumstances under which robbery can be committed, it is not automatically a 'serious personal injury offence' as defined in section 752 ... Robbery fits within the definition of 'serious personal injury offence' in section 752 only if commission of the offence involves: (i) the use or attempted use of violence against another person; or (ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person" - See paragraph 11.

Criminal Law - Topic 5855

Sentence - Robbery - The accused pled guilty to two counts of robbery with violence - He had acted as the driver in two convenience store robberies - In each case, the accused knew that Allan would be entering the store armed with a knife, and with his face covered, and that a robbery would take place - The accused drove Allan to the scene of each robbery, and drove him away after the robberies were complete, and he received a portion of the cash and cigarettes taken from each robbery - The accused was 24 years old - He was 20 when he committed the offences - He had no prior criminal record - At the time of the offences, he was grieving his mother's death, regularly using cocaine, and associating with a negative peer group - Since the offences were committed, he had quit using drugs, changed his peer group, and found stable employment - The Saskatchewan Provincial Court held that the accused had been convicted of serious personal injury offences and a conditional sentence was not available - The court imposed a period of imprisonment of one year on each count, to be served concurrently - In addition, the court imposed a mandatory firearms prohibition order under s. 109 of the Criminal Code for a period of 10 years and a DNA sample order.

Cases Noticed:

R. v. Simpson (M.R.) (2012), 389 Sask.R. 157; 2012 SKPC 18, dist. [para. 11].

R. v. Jolicoeur (R.) (2011), 265 Man.R.(2d) 225; 2011 MBQB 129, dist. [para. 11].

R. v. Goforth (E.R.) (2005), 257 Sask.R. 123; 342 W.A.C. 123; 2005 SKCA 12, refd to. [para. 15].

R. v. Roy (D.W.) (2008), 307 Sask.R. 276; 417 W.A.C. 276; 2008 SKCA 41, refd to. [para. 15].

R. v. Ponticorvo (R.) (2009), 448 A.R. 275; 447 W.A.C. 275; 2009 ABCA 117, refd to. [para. 17].

R. v. Pelletier (J.S.L.) (2011), 391 Sask.R. 14; 2011 SKQB 7, refd to. [para. 21].

R. v. Lebar (S.M.) (2010), 260 O.A.C. 169; 2010 ONCA 220, refd to. [para. 22].

R. v. Griffin (E.M.) (2011), 309 N.S.R.(2d) 250; 979 A.P.R. 250; 2011 NSCA 103, refd to. [para. 23].

R. v. Nasogaluak (L.M.), [2010] 1 S.C.R. 206; 398 N.R. 107; 474 A.R. 88; 479 W.A.C. 88; 2010 SCC 6, refd to. [para. 32].

R. v. Solowan (K.S.T.), [2008] 3 S.C.R. 309; 381 N.R. 191; 261 B.C.A.C. 27; 440 W.A.C. 27; 2008 SCC 62, refd to. [para. 32].

R. v. J.L.M.A. (2010), 499 A.R. 1; 514 W.A.C. 1; 264 C.C.C.(3d) 134; 2010 ABCA 363, refd to. [para. 32].

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81, refd to. [para. 32].

R. v. Alexson (1991), 97 Sask.R. 77; 12 W.A.C. 77 (C.A.), refd to. [para. 37].

R. v. Stonechild (J.) (1995), 128 Sask.R. 210; 85 W.A.C. 210 (C.A.), refd to. [para. 37].

R. v. Severight (A.D.) (1996), 137 Sask.R. 306; 107 W.A.C. 306 (C.A.), refd to. [para. 37].

R. v. Kaiswatum (A.B.) (2003), 232 Sask.R. 196; 294 W.A.C. 196; 2003 SKCA 57, refd to. [para. 37].

R. v. Gordon (C.N.) (2011), 375 Sask.R. 312; 525 W.A.C. 312; 2011 SKCA 130, refd to. [para. 37].

R. v. Wiberg (C.A.) (1997), 158 Sask.R. 246; 153 W.A.C. 246 (C.A.), refd to. [para. 44].

R. v. Stroshein (K.B.) (2001), 203 Sask.R. 183; 240 W.A.C. 183; 2001 SKCA 20, refd to. [para. 45].

R. v. Simpson-Fry, 2010 ONCJ 628, refd to. [para. 46].

R. v. Rogers (C.C.) (2011), 392 Sask.R. 35; 2011 SKPC 34, dist. [para. 46].

R. v. Dunn (B.J.) (2011), 369 N.B.R.(2d) 271; 952 A.P.R. 271; 2011 NBCA 19, refd to. [para. 50].

R. v. Taylor (W.B.) (1997), 163 Sask.R. 29; 165 W.A.C. 29 (C.A.), refd to. [para. 50].

Counsel:

James Fitz-Gerald, for the Crown;

Catherine Maloney, for the accused.

This matter was heard at Regina, Saskatchewan, before Kalmakoff, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on June 25, 2012.