Shadoe G. Moore pleaded guilty to robbery while armed with an imitation handgun and using an imitation handgun during the commission of an indictable offence.
The court considered the interplay between ss. 85 and 343 of the Criminal Code, rejecting the "double-dipping" argument and affirming Parliament's intent for consecutive sentences.
The court also addressed the "step principle" in sentencing, rejecting its strict application for Indigenous offenders, and discussed the application of "Summers" and "Duncan" credit for pre-sentence custody conditions, particularly harsh due to lockdowns and COVID-19.
The judge applied Gladue principles, acknowledging the profound impact of intergenerational trauma and systemic factors on the offender's moral culpability.
A global sentence of three years was imposed, reduced by 338 days for pre-sentence custody, resulting in a net sentence of two years and one month.
