R. v. Rahey (C.J.), [2015] A.R. TBEd. JL.011

• Judge: Goss, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: June 10, 2015
• Jurisdiction: Alberta
• Citations: [2015] A.R. TBEd. JL.011;2015 ABQB 400

R. v. Rahey (C.J.), [2015] A.R. TBEd. JL.011

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. JL.011

Her Majesty the Queen (Crown) v. Christopher Jacob Rahey (accused)

(111475802Q1; 2015 ABQB 400)

Indexed As: R. v. Rahey (C.J.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Goss, J.

June 24, 2015.

Summary:

On December 10, 2011, Rahey entered a pharmacy wearing a trench coat, toque and scarf which partially covered his face. Rahey approached a pharmacy assistant and passed him a note which stated: "I have a gun and a grenade. Give me your Oxycodone." The pharmacy assistant was Punjabi and did not understand the note. He passed the note to another pharmacist. Rahey was given two supplier bottles of Oxycodone containing approximately 20 pills each. Rahey then fled the pharmacy. He was pursued by three employees. On arrest, it was discovered that Rahey was carrying a 22 calibre rifle under his coat. The weapon was wrapped but readily accessible. He had ammunition for the rifle in his pocket. Rahey was not in possession of the required permit to possess or conceal the rifle. Rahey pled guilty to the following six counts: count 1: robbery (Criminal Code, s. 344(1)(b); count 4: with intent to commit an indictable offence, unlawfully having his face masked or otherwise disguised (Code, s. 351(2)); count 6: knowing possession of an unlicensed firearm, a rifle (Code, s. 92(1)); count 7: carrying a concealed firearm, a rifle (Code, s. 90(1)); count 8: possessing an unlicensed firearm, a rifle (Code, s. 91(1)); and count 9: possessing a controlled substance, Oxycodone (Controlled Drugs and Substances Act, s. 4(1)). Rahey was 37 years old. He had one prior criminal conviction for impaired driving in 2014. He had been attending a methadone program since August 20, 2014.

The Alberta Court of Queen's Bench concluded that the robbery offence was an act of violence and a conditional sentence was not available. The court determined which sentences should be consecutive or concurrent then determined appropriate sentences for each of the offences. Rahey's combined sentence totalled 42 months. The court then evaluated whether that sentence was unduly long or harsh. The court concluded that a 42 month sentence was too lengthy, and that a reduction was appropriate. A full duration sentence did not adequately account for the significant mitigating factors, especially Rahey's guilty plea, that he was an reforming addict, and his good post-offence conduct and compliance with judicial interim release conditions. The court ordered that a fair and fit sentence was for Rahey to be incarcerated for 32 months in total. The court also imposed ancillary orders.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - See paragraphs 39 to 57.

Criminal Law - Topic 5802

Sentencing - General - Concurrent sentences - See paragraphs 65 to 75.

Criminal Law - Topic 5803

Sentencing - General - Consecutive sentences - See paragraphs 65 to 75.

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term (totality principle) - See paragraphs 96 to 98.

Criminal Law - Topic 5842.1

Sentencing - Considerations on imposing sentence - Post-conviction or post-charge conduct - See paragraph 98.

Criminal Law - Topic 5849.16

Sentencing - Considerations on imposing sentence - Addicts - See paragraphs 77 to 80.

Criminal Law - Topic 5855

Sentence - Robbery - See paragraphs 77 to 83 and 96 to 99.

Criminal Law - Topic 5871

Sentence - Possession and use or sale of weapons - See paragraphs 88 to 93 and 96 to 99.

Criminal Law - Topic 5878

Sentencing - Sentence - Particular offences - Possession, cultivation or production of a narcotic or a controlled drug or substance - See paragraphs 94 to 98.

Criminal Law - Topic 5935

Sentence - Disguise with intent - See paragraphs 84 to 87 and 96 to 99.

Counsel:

P. Davies, for the Crown;

M. Eliopolous, for the accused.

This matter was heard on June 10, 2015, before Goss, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following memorandum of decision on June 24, 2015.