A youth pleaded guilty to armed robbery with an imitation firearm and using an imitation firearm while committing an indictable offence, as well as two counts of breaching a recognizance by violating curfew conditions.
The central legal issue was whether custody was available as a sentencing option.
The court determined that while robbery does not include bodily harm as a statutory element, the offence constituted a violent offence under section 39(1)(c) of the Youth Criminal Justice Act because the youth endangered the safety of victims by creating a substantial likelihood of causing psychological bodily harm.
The court imposed a custodial sentence of 34 days in open custody followed by 17 days of community supervision and 18 months of probation with strict conditions.
