Neil J. McCartney

The respondent pleaded guilty to robbery after using a knife to steal money from a liquor store cashier.

The sentencing judge imposed a conditional sentence, finding that while the offence involved violence, it was not sufficiently serious to constitute a 'serious personal injury offence' under s. 752 of the Criminal Code.

The Crown appealed.

The Court of Appeal allowed the appeal, holding that any use of violence precludes a conditional sentence under s. 742.1, regardless of its objective severity.

The conditional sentence was set aside and replaced with a six-month custodial sentence, which was deemed served.