R. v. Stone (T.J.), (2015) 367 B.C.A.C. 108 (CA)

• Judge: D. Smith, Bennett and Willcock, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: January 23, 2015
• Jurisdiction: British Columbia
• Citations: (2015), 367 B.C.A.C. 108 (CA);2015 BCCA 36

R. v. Stone (T.J.) (2015), 367 B.C.A.C. 108 (CA);

    631 W.A.C. 108

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. MR.027

Regina (respondent) v. Thomas John Stone (appellant)

(CA041965; 2015 BCCA 36)

Indexed As: R. v. Stone (T.J.)

British Columbia Court of Appeal

D. Smith, Bennett and Willcock, JJ.A.

January 23, 2015.

Summary:

Stone robbed six grocery stores over a six month period. He pled guilty to six counts of robbery and three counts of using an imitation firearm in the course of committing an indictable offence. Stone was 70 years of age. He had no criminal record. At the time he committed the offences, he was in dire financial straits. He was sentenced to a total of five years' imprisonment (two year concurrent sentences on each of the robbery counts, and one year consecutive on each of the weapons counts). With time deducted for pre-sentence custody, he received a sentence of 34 months. Stone, a United States (USA) citizen, had returned to the USA after committing the offences. He was arrested in the USA and waived his extradition hearing. The sentencing judge calculated the time spent in custody from the execution of the warrant in the USA until the time of sentencing. Stone appealed the sentence. He argued that the sentencing judge did not give effect to the totality principle and imposed a sentence that was demonstrably unfit.

The British Columbia Court of Appeal dismissed the appeal. By imposing concurrent sentences of two years on the robberies, which could not be considered a "spree" given they were over a six month period, the sentencing judge gave effect to the totality principle. The sentencing judge imposed a fit sentence.

Criminal Law - Topic 5802.1

Sentencing - Concurrent sentences - Reduced term - See paragraph 12.

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term (totality principle) - See paragraph 12.

Criminal Law - Topic 5855

Sentence - Robbery - See paragraphs 1 to 13.

Criminal Law - Topic 5917

Sentence - Use of firearm during offence - See paragraphs 1 to 13.

Cases Noticed:

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. 11].

Counsel:

J. Myers, for the appellant;

D. Layton, for the respondent.

This appeal was heard on January 23, 2015, at Vancouver, B.C., before D. Smith, Bennett and Willcock, JJ.A., of the British Columbia Court of Appeal. The following judgment of the Court of Appeal was delivered orally by Bennett, J.A., on the same date.