Accused pleaded guilty to offences including two attempted robberies of gas stations. Both attempted robberies occurred on the same day. In both, the accused produced a gun. In both cases the gas station clerk froze, and the accused ran away without any money or cigarettes. Many Gladue factors present, including addictions and limited education. Accused diagnosed with FASD.
Held: 27 months jail.
The 3 year starting point in Johnas, 1982 ABCA 331 applied. (“unsophisticated armed robbery of unprotected commercial outlets in the absence of actual physical harm to the victim and with modest or no success”). Starting point reduced given the Gladue factors and the FASD diagnosis.
W. Kubanek – Defence Counsel