Andrew Eric Stastny

The offenders were convicted of robbery and unlawful confinement following a home invasion where imitation firearms were used and young children were present.

The Crown sought sentences of 6 years for Brown and 8 years for Hersi.

The court considered the principles of denunciation and deterrence, but also weighed the offenders' youth and prospects for rehabilitation.

Brown, a first-time offender who constructively pleaded guilty, was sentenced to 2.5 years minus pre-sentence credit.

Hersi, who played a more significant role, had a prior record, and was convicted of uttering threats, was sentenced to a total of 4.5 years minus pre-sentence credit.

Two accused were tried for robbery with a firearm, unlawful confinement, and related offences arising from a home invasion robbery.

The complainant testified that four men forced entry into her residence, displayed firearms, searched the premises, and confined the occupants.

The court accepted the complainant’s evidence that the accused participated in the robbery and confinement but found the Crown failed to prove beyond a reasonable doubt that the firearms were real rather than imitation.

Both accused were therefore convicted of the included offence of robbery and unlawful confinement.

One accused was also convicted of uttering threats after evidence established he used a phone linked to threatening calls made to the complainant.

The Registrar appealed a decision of the Licence Appeal Tribunal which found that a real estate agent's past criminal conduct (assault and breach of a conditional sentence) did not meet the statutory threshold for revoking his registration, but warranted the imposition of conditions.

The Divisional Court dismissed the appeal, holding that the tribunal has jurisdiction under the Real Estate and Business Brokers Act, 2002 to impose conditions on a registrant even in the absence of a finding that the past conduct threshold for revocation was met.

The court also found that the tribunal's conclusion that the threshold was not met was reasonable.

The appellant failed to surrender into custody as required by his release order.

Consequently, the Court of Appeal dismissed the sentence appeal as abandoned.