The defendant pleaded guilty to robbery with an imitation firearm and challenged the constitutionality of the mandatory minimum sentence under s. 85 of the Criminal Code, arguing it violated s. 12 of the Charter.
The court applied the R. v. Nur framework, determined a proportionate sentence of five months' incarceration, and found that the mandatory minimum of one year consecutive (resulting in a 17-month sentence after considering pre-trial credit) was grossly disproportionate, thus violating the defendant's s. 12 Charter rights.
The mandatory minimum was declared of no force and effect, and a sentence of 5 months imprisonment (less 38 days credit) plus probation was imposed.
