R. v. Marshall (J.), (2015) 374 Nfld. & P.E.I.R. 245 (NLTD(G))

• Judge: Handrigan, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: October 05, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 374 Nfld. & P.E.I.R. 245 (NLTD(G))

R. v. Marshall (J.) (2015), 374 Nfld. & P.E.I.R. 245 (NLTD(G));

    1164 A.P.R. 245

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. DE.011

Her Majesty the Queen v. Jerry Marshall

(201506G0084; 2015 NLTD(G) 171)

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

Newfoundland and Labrador Supreme Court

Trial Division (General)

Handrigan, J.

November 26, 2015.

Summary:

The accused pleaded guilty to armed robbery and attempted armed robbery.

The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to 36 months' imprisonment for the armed robbery and 18 months' concurrent for the attempted armed robbery, reduced by 79 days for 53 days of pre-sentence custody. The court also made DNA, firearms prohibition and victim surcharge orders.

Criminal Law - Topic 5802

Sentencing - General - Concurrent sentences - The 24 year old accused pleaded guilty to armed robbery and attempted armed robbery - At around 10:40 p.m., on a Sunday night, the accused stopped his vehicle near a Mini Mart - While the accused waited in the vehicle, his friend (Gough) exited the vehicle and entered the Mini Mart wearing a black hoodie, black pants and a black scarf around his face - He carried a long knife - He pointed the knife at the clerk and demanded money - The clerk managed to push Gough out of the store - The clerk locked the glass door - Gough broke the door's glass and fled - The accused and Gough then drove to a convenience store and gas bar - At 11:42 p.m., Gough, dressed as before, entered the store carrying the knife - He demanded money and cigarettes - He returned to the vehicle with approximately $600 and a quantity of cigarettes - The accused committed the offences to support his drug habit - He had a limited, if somewhat related, criminal record - Had actively sought counselling - Was remorseful - Supported by his family - Completed a heavy equipment operator's program in 2011 - The Newfoundland and Labrador Supreme Court, Trial Division (General), started with the proposition that the accused should receive three to five years for the armed robbery - Sentences for attempted offences were generally less severe than completed offences, but there was little to distinguish the robbery and the attempted robbery - However, the Crown had recommended a sentence of two to three years for the robbery and 18 months for the attempted robbery - The court agreed generally with the recommendation and sentenced the accused to 36 months for the robbery and 18 months' for the attempted robbery - The sentences were to be served concurrently as the offences were a single criminal adventure - The sentence would denounce the accused's criminal activity and act as a deterrent to him and others, but it would not crush his spirit and defeat his intention to rehabilitate himself - The court reduced the sentence by 79 days for 53 days of pre-sentence custody and made ancillary orders.

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5802 ].

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5802 ].

Criminal Law - Topic 5846.5

Sentencing - Considerations on imposing sentence - Sentence precedents - Sentencing ranges - [See Criminal Law - Topic 5802 ].

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - [See Criminal Law - Topic 5802 ].

Criminal Law - Topic 5849.7

Sentencing - Considerations on imposing sentence - Representations of counsel - [See Criminal Law - Topic 5802 ].

Criminal Law - Topic 5849.16

Sentencing - Considerations on imposing sentence - Addicts - [See Criminal Law - Topic 5802 ].

Criminal Law - Topic 5855

Sentence - Robbery (incl. attempts) - [See Criminal Law - Topic 5802 ].

Criminal Law - Topic 5914

Sentence - Attempt to commit offence - [See Criminal Law - Topic 5802 ].

Cases Noticed:

R. v. Hutchings (R.) (2012), 316 Nfld. & P.E.I.R. 211; 982 A.P.R. 211; 2012 NLCA 2, refd to. [para. 4].

R. v. Roberts, [1989] B.C.W.L.D. 1951 (C.A.), refd to. [para. 36].

Counsel:

Danny Vavasour, for the Crown;

James D. Hughes, Q.C., for the accused.

This sentencing was heard at Grand Bank, N.L., on October 5, 2015, by Handrigan, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following judgment on November 26, 2015.