The appellant was convicted of robbery, breach of recognizance, breach of probation, and possession of proceeds of crime arising from an altercation involving a purported cocaine sale.
The trial judge convicted the appellant of robbery by stealing with violence contrary to s. 343(b) despite the Crown alleging robbery while armed with a firearm contrary to s. 343(d).
The appellant received a global sentence of 20 months in prison and 2 years probation, with 320 days pre-sentence custody credited at 1.5:1, resulting in a net sentence of 4 months.
The appeal addressed whether the trial judge erred in treating robbery with violence as an included offence in a charge of armed robbery, and whether the trial judge improperly placed the burden of proof on the appellant regarding self-defence.
