COURT FILE NO.: CrimJ(P)1534/19
DATE: 2020 12 17
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Her Majesty the Queen
A. Fedak-Tarnopolsky, for the Crown
- and -
Jerome Lemon-Allison
R. Wellington, for the Defense
REASONS FOR SENTENCE
Bloom, J.
I. INTRODUCTION
[1] These are my reasons for sentence of the accused on the charge of robbery of which I found him guilty on July 27, 2020.
II. FACTS
A. CIRCUMSTANCES OF THE OFFENCE
[2] The accused participated in some fashion in a robbery of the Scotiabank branch at 660 Eglinton Avenue West in the City of Mississauga on November 20, 2017 along with two or three other men.
[3] He then celebrated the robbery at unit 2725 of 3888 Duke of York Boulevard in Mississauga.
[4] Approximately $100,000 of the funds taken in the robbery have not been recovered.
B. CIRCUMSTANCES OF THE OFFENDER
[5] The accused was born on December 13, 1997. He was nineteen years old at the time of the offense, and is now twenty-two.
[6] He has an older brother and younger sister.
[7] He grew up living primarily with his mother, siblings, and step-father in Mississauga. He lived briefly with his father in Scarborough.
[8] He has a criminal record of two offenses involving the sexual services business for which he was sentenced in January of 2017 to two concurrent twelve month conditional sentences and probation. Those offenses were committted before the one before this Court.
[9] The accused maintains a close and supportive relationship with his mother, siblings, and step-father. He is periodically in contact with his father by text and telephone.
[10] He often helps his brother with the latter’s store on weekends; and often helps his sister with her homework.
[11] While he did not graduate from high school, he completed his general education certificate.
[12] He is employed alongside his step-father at a manufacturing plant in Milton.
[13] He has expressed remorse for the robbery. It appears that bad associations led him to commit the offense before the Court.
[14] The accused attends regularly at his church. He takes counselling, and is in a romantic relationship with a woman whom he sees as his life partner.
[15] He wishes to start his own business, and to that end wishes to take community college courses part time while he works.
[16] He assists in the organization of youth activities in his church.
III. LEGAL PARAMETERS
[17] S. 344(1)(b) of the Criminal Code provides:
Robbery
344 (1) Every person who commits robbery is guilty of an indictable offence and liable
(b) in any other case, to imprisonment for life.
IV. POSITIONS OF THE CROWN AND DEFENSE
[18] The Crown seeks the imposition of a penitentiary term of approximately three years along with a restitution order for $50,000 in favour of Scotiabank; a weapons prohibition order under s. 109 of the Criminal Code for 20 years; an order under s. 487.051(1) of the Criminal Code; and an order under s. 743.21(1) in relation to Anthony Dass.
[19] The Defense seeks a conditional sentence of 18 months to two years less one day followed by probation of 12 months; agrees with a weapons prohibition under s. 109 of the Criminal Code for 20 years; agrees with the order under s. 487.051(1) of the Criminal Code; and takes no issue with restricting communication of the accused with Anthony Dass.
V. PRINCIPLES OF SENTENCING
[20] I accept that denunciation and deterrence, both general and specific, are the principal considerations in sentencing bank robbery. I am mindful, however, that rehabilitation, especially of a young offender, is also an important factor. I am further mindful that a conditional sentence is available; and that it can be used in service of the three considerations I have mentioned.
[21] As to the imposition of a restitution order, I am mindful that the means of the accused must be considered, having regard especially to the effect a restitution order would have on the rehabilitation of the accused.
VI. ANALYSIS AND ORDERS
[22] In supporting her submission that a penitentiary term is appropriate Crown Counsel drew my attention to the organized nature of the robbery, the significant amount of monies taken being over $144,000 in Canadian dollars and $10,000 in U.S. dollars, and the fact that the robbers were masked. She also noted that one of those who perpetrated the offense, Anthony Dass, was the subject of a joint submission of two and one half years which, for reasons of totality, was effectuated by a term of one year incarceration in a six year total sentence.
[23] The Defense in support of its submission that a conditional sentence was appropriate emphasized the youth of the accused and the progress that he was making in his life.
[24] Ultimately, I judge the seriousness of the offense as requiring a custodial term to serve the interests of denunciation and deterrence. However, a penitentiary term in my view would be damaging to the rehabilitation of which the accused is obviously capable. Accordingly, I sentence him to 18 months in the reformatory from which I deduct 36 days based on pre-trial custody of 24 days; both counsel agreed on the calculation and application of that credit.
[25] I do not find any further credit appropriate.
[26] The accused is accordingly sentenced to incarceration in the provincial reformatory for 18 months less 36 days.
[27] In addition, I am making an order against the accused under s. 738 of the Criminal Code that he pay restitution to Scotiabank of $50,000 within 15 years from the date of this sentencing. That amount is one half of the $100,000 still unrecovered from the robbery; Mr. Dass is also subject to a restitution order of $50,000.
[28] Lastly, I make the following additional orders against the accused: a weapons prohibition for 20 years under s. 109 of the Criminal Code; a DNA sample order under s. 487.051(1) of the Criminal Code; and a non-communication order under s. 743.21(1) of the Criminal Code in relation to Anthony Dass.
Bloom, J.
Released: December 17, 2020
COURT FILE NO.: CrimJ(P)1534/19
DATE: 2020 12 17
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Her Majesty the Queen
- and –
Jerome Lemon-Allison
REASONS FOR SENTENCE
Bloom, J.
Released: December 17, 2020