Sentencing following conviction for bank robbery committed by passing a note claiming the offender had a gun.
The court considered whether a conditional sentence was legally available and whether it should be imposed.
The judge held that where a robber merely passes a threatening note without possessing the means to carry out the threat, the offence does not constitute a “serious personal injury offence” under s. 752 of the Criminal Code, making a conditional sentence legally available.
However, emphasizing denunciation and deterrence due to the seriousness and prevalence of bank robberies, the court imposed a custodial sentence.
The offender received an 18‑month custodial sentence with credit for pre‑sentence custody and a subsequent probation order.
