The accused was convicted by a jury of robbery after luring the victim to a meeting under the pretext of purchasing marihuana and participating with accomplices in a planned robbery involving violence and the use of an imitation firearm.
Although the Crown alleged use of a real firearm, it conceded the evidence did not establish this aggravating factor beyond a reasonable doubt, removing the applicable mandatory minimum.
The court weighed significant aggravating factors, including planning, group participation, violence, and the use of an imitation firearm, against strong mitigating factors such as youth, lack of prior record, remorse, employment history, and positive community support.
Applying the principles in ss. 718–718.2 of the Criminal Code, the court held that denunciation and deterrence required a custodial sentence despite the offender’s strong rehabilitative prospects.
A 12‑month custodial sentence was found appropriate but reduced to account for pre‑trial custody and restrictive bail conditions.
