SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
ARMIN ZANDI
REASONS FOR SENTENCE
BEFORE THE HONOURABLE REGIONAL SENIOR JUSTICE M.K. FUERST
on February 10, 2016,
at NEWMARKET, Ontario
APPEARANCES:
T. Vanden Ende Counsel for the Crown
I. Donnell Counsel for Armin Zandi
CITATION: R. v. ZANDI, 2016 ONSC 3445
WEDNESDAY, FEBRUARY 10, 2016
REASONS FOR SENTENCE
Fuerst J.: (Orally)
A Rogers Plus retail store located in Markham was robbed on May 30th, 2012. The robbery itself was captured on video surveillance.
Armin Zandi pleaded guilty to the robbery. He explicitly admitted in court that he operated the getaway car, and drove the perpetrator of the robbery, who the Crown alleges was one Gil Kim, from the scene. Mr. Zandi admits that he was a party to the robbery that Mr. Kim carried out.
Crown and defence counsel jointly submit that Mr. Zandi should be sentenced to a minimum penitentiary sentence, followed by a maximum period of probation.
The Circumstances of the Offence
Shortly after the Rogers store opened on May 30th, 2012, Mr. Kim entered it wearing a disguise that concealed most of his face, with the exception of his eyes. He was armed with what appeared to be a hand gun.
Cell phone records show that Mr. Kim had been in cell phone contact with one of the store’s employees, Ilia Jivotov, prior to the robbery. Mr. Jivotov was present when Mr. Kim entered the store. Mr. Kim met up with Mr. Jivotov, then Mr. Jivotov and Mr. Kim went into a back room, where the safes were open, and the cash from the previous day was sitting on the table. Another employee, Darryl Denyer, was in the back room. He was completing a reconciliation of the previous day’s sales.
Mr. Kim demanded that Mr. Denyer and Mr. Jivotov assist in loading a safe-full of high end cell phones into bags that Mr. Kim had brought with him. Mr. Kim left the store with $65,000 worth of cell phones and $7,600 in cash.
Mr. Kim got into a blue Pontiac Sunfire automobile operated by Mr. Zandi. Mr. Zandi drove Mr. Kim away from the scene of the robbery. The car, the licence plate, and the driver of the vehicle were all captured on surveillance video. Mr. Denyer also took a photograph of the vehicle as it fled. The police later determined that the licence plates on the car had been stolen the previous evening, in the area where Mr. Zandi lived. Mr. Zandi admittedly had been involved in procuring those stolen licence plates.
Mr. Zandi specifically admitted on his guilty plea that he drove the getaway car knowing that the perpetrator was going to rob the Rogers store. He did not know, however, that the perpetrator was armed.
No victim impact statement was provided, despite efforts by Crown counsel to obtain one.
The Circumstances of Mr. Zandi
At the request of the defence, a pre-sentence report was prepared. It describes Mr. Zandi, who is now 24 years old, as having experienced his parents’ tumultuous separation and divorce when he was a child. His mother later re-married. Mr. Zandi has maintained a good relationship with her and his step-father.
Mr. Zandi has continued to live at his parents’ home. He is single, and has no dependants.
Mr. Zandi has a high school education. He started a university program, but quit after the first semester. His employment since then has been sporadic. Most recently he worked in construction, and in sales for an HVAC company. His mother expressed the view that he needs to return to school or acquire a licensed trade.
Mr. Zandi’s lawyer advised during the sentencing hearing that Mr. Zandi does want to pursue his education and change his life path. In court, Mr. Zandi expressed to me a measure of remorse, and also concern for the well-being of the victim of the robbery.
The Positions of the Parties
Crown and defence counsel jointly submit that Mr. Zandi should be sentenced to two years in the penitentiary, followed by three years of probation. They agree that there is no pre-sentencing custody to be considered. They also agree that a DNA order and a s. 109 weapons prohibition order are mandatory.
Analysis
The principles of sentencing that are paramount in cases of robbery are denunciation, and deterrence, both general and specific. I agree with Crown and defence counsel that the range of sentence for the offence of robbery is wide. See for example, R. v. Mearow, [2006] O.J. No. 4025; and R. v. Brown, 2015 ONSC 6430.
While Mr. Zandi’s role in the robbery was that of getaway driver and he had no knowledge that a weapon would be used by the perpetrator, he was both a knowing and an important participant in the crime. It is an aggravating factor that this was not a spur of the moment offence, nor was Mr. Zandi’s involvement in it impulsive. His admitted participation in stealing the licence plates indicates that the robbery, as well as his role in it, was the result of planning and preparation. The magnitude of the robbery is a further aggravating factor. So too is the fact that the target of the robbery was a retail outlet. Courts have repeatedly observed that these locations and the staff who work in them are particularly vulnerable to this kind of crime, and deserve protection.
In mitigation, Mr. Zandi is a first offender. He pleaded guilty, which is a sign of his remorse and willingness to take responsibility for his wrongdoing. He expressed a measure of remorse to me in court. While his employment history since leaving school is not particularly commendable, he has some appreciation that he needs to pursue his education so that he can change his life path. He has the support of his family, which will be important to his rehabilitation once he is released from the penitentiary.
The sentence jointly proposed by counsel is within the range of sentence for the offence of robbery by an individual whose role is as a party. I accept the joint submission.
Conclusion
Mr. Zandi, please stand. I sentence you to two years in the penitentiary, which will be followed by three years of probation.
The conditions of probation are the statutory conditions, plus the following:
Report to a probation officer immediately upon release and thereafter as required.
Reside at an address to be approved by the probation officer and not change that address without the prior written approval of the probation officer obtained in advance.
Have no contact direct or indirect with Gil Tea Kim, Anthony Jouith, Ilia Jivotov, or Darryl Denyer.
Not be within 100 metres of the known place of residence, education or employment of Gil Tea Kim, Anthony Jouith, Ilia Jivotov, or Darryl Denyer.
Not attend at any Rogers or Rogers Plus store in Ontario.
Take such counselling as the probation officer recommends to assist in your rehabilitation, and not stop it without the prior written permission of the probation officer.
Sign releases of information between your counsellor and the probation officer so that your progress can be monitored.
Not possess any weapons as defined by the Criminal Code.
There is s. 109(2)(a) weapons prohibition order for 10 years and a s. 109(2)(b) order for life. I order you to provide samples of bodily fluid for the purpose of DNA testing.
FORM 2
CERTIFICATE OF TRANSCRIPT (SUBSECTION 5(2))
Evidence Act
I, Tracey Beatty, certify that this document is a true and accurate transcript of the recording of R. v. Armin Zandi in the Superior Court of Justice held at 50 Eagle Street West, Newmarket, Ontario, on February 9, 2016 taken from Recording No. 4911_403_20160210
_142056_30_FUERSTM.dcr which has been certified by J. Cookes in
Form 1.
Tracey Beatty, ACT ID #7742785329
May 25, 2016
Transcript Ordered: May 10, 2016
Transcript Completed: May 26, 2016
Ordering Party Notified: May 26, 2016