Lien vers la décision
[26] From these cases, certain principles emerge for sentencing of street muggers in Alberta:
1. The "normal" range of sentence for a street mugging or purse snatching type robberies is 12 ‑ 18 months imprisonment. (Carter; Saeed).
2. If there is a significant or related criminal record, the sentence will be at the top of that range even if there is no actual physical violence. (Saeed, para. 8)
3. Sentences may be at the top of this range, even for an accused with no related record, and where there is no actual injury, if the victim is elderly. This is so because the risk of injury to such victims from even a minimal application of violence is foreseeable. (Carter).
4. If there is "serious violence" and if injuries are suffered by the victim, then the crime can be just as serious as a convenience store robbery, where the starting point sentence is 3 years imprisonment. (Carter, supra; R. v. Johnas, [1982] 2 C.C.C. (3d) 1, 32 C.R. (3d) 1 (Alta C.A.))
Aucun commentaire:
Publier un commentaire