R. v. McNeil (T.), (2008) 441 A.R. 1 (PC)

• Judge: Semenuk, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: January 28, 2008
• Citations: (2008), 441 A.R. 1 (PC);2008 ABPC 30

R. v. McNeil (T.) (2008), 441 A.R. 1 (PC)

MLB headnote and full text

Temp. Cite: [2008] A.R. TBEd. AP.113

Her Majesty The Queen v. Tyson McNeil (070047147P101001-004; 070378989P101001; 070074737P101001; 2008 ABPC 30)

Indexed As: R. v. McNeil (T.)

Alberta Provincial Court

Semenuk, P.C.J.

January 28, 2008.

Summary:

The accused pled guilty to robbery, break and enter, obstructing a peace officer, two counts of breaching a recognizance and failure to appear in court. The Crown sought a global sentence of 6.5-8 years' imprisonment, exclusive of pre-trial custody. The accused suggested a global sentence of 4.5 to 5 years' imprisonment, exclusive of pre-trial custody.

The Alberta Provincial Court sentenced the accused to six years' imprisonment, exclusive of pre-trial custody.

Criminal Law - Topic 5851

Sentence - Break and enter - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5855

Sentence - Robbery - The 27 year old accused planned a robbery of a former employer's store by an accomplice, who was armed with a loaded handgun - The accused believed that the accomplice would only have pepper spray - The store owner attempted to disarm the accomplice and was injured in the struggle - The accused assisted with the removal of $35,000 in electronic equipment - One year later, the accused and others broke into a Home Outfitters store by knocking out a hole through an outside brick wall - They loaded $109,000 worth of goods onto two UHaul trucks rented by the accused - The accused received $1,500 from the $6,000 sale to an unknown buyer - Little of the property was recovered and no restitution was made - Six months later, the accused was a passenger in a vehicle stopped by police and gave a false identity - He also breached two recognizances and failed to appear in court - The accused pled guilty to robbery, break and enter, obstructing a peace officer, two counts of breaching a recognizance and failure to appear in court - The Crown sought a global sentence of 6.5 to 8 years' imprisonment, exclusive of pre-trial custody - The accused suggested a global sentence of 4.5 to 5 years' imprisonment - The accused had a lengthy criminal record dating from 1994, including convictions for aggravated assault, theft, break and enter, possession of stolen property, weapons offences, breach of recognizances, failure to attend court, breach of probation and possession of the proceeds of crime - He was gainfully employed, off and on, as a construction labourer - The accused had an anger management problem, was assessed as a dangerous person, lacked empathy for his victims and minimized the offences - The motivation was not drug-related, but pure greed - The accused spent 286 days in pre-trial custody - The Alberta Provincial Court, emphasizing denunciation, deterrence and protection of the public, imposed a global sentence of six years' imprisonment, less 19 months' credit for pre-trial custody - Individual sentences were four years' imprisonment for robbery, two years (consecutive) for break and enter, and smaller concurrent sentences for the remaining offences.

Cases Noticed:

R. v. Johnas et al. (1982), 41 A.R. 183 (C.A.), refd to. [para. 6].

R. v. John Doe, [1999] O.T.C. 203; 142 C.C.C.(3d) 330 (Sup. Ct.), refd to. [para. 9].

R. v. Moors (J.R.) (2006), 408 A.R. 200; 2006 ABPC 190, refd to. [para. 9].

R. v. Vanderheyden (R.J.) (2006), 400 A.R. 155; 2006 ABPC 121, refd to. [para. 11].

R. v. Sanderson (1979), 24 A.R. 445 (Q.B.), refd to. [para. 14].

R. v. Jorgensen (1990), 113 A.R. 195 (C.A.), refd to. [para. 15].

Authors and Works Noticed:

Ruby, Clayton C., Sentencing (5th Ed. 1999), paras. 22.295 to 22.299 [para. 13].

Counsel:

S. Pepper, for the Crown;

T. Roulston, for the accused.

This matter was heard at Calgary, Alberta, before Semenuk, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on January 28, 2008.