Appellant was convicted at trial of a number of offences including 3 convenience store robberies and one liquor store robbery that took place within a 3-week period. Defence appeal from the 10-year global sentence imposed. Aggravating factors included the accused’s prior record, that he was on bail at the time, the sophisticated nature of the robberies and the involvement of an imitation firearm. At sentencing, judge made negative comments about the accused’s character and dishonest nature.
Held: Appeal allowed. 8 years imprisonment imposed.
The “sentencing judge’s dim view of the accused may have resulted in a harsher sentence than he might otherwise have imposed…I am not persuaded that ‘a full and considered application of the principles of restraint and a proper evaluation of the totality principle occurred in the case at bar’.” Veldhuis JA dissented.
J. Blumer – Defence Counsel