Robbery

R. v. Aneke

Sentence and the Crown's position

Crown asked40 months in custody1
Judge imposed40 months in prison less 37 months credit (3 months left), then a 10-year long-term offender order1

What the law allows

MaximumLife imprisonment
Crown asked40 months in custody
Judge imposed40 months in custody
Defence asked40 months in custody
For robbery (CC 344), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Dubem Onyemchi Aneke pleaded guilty to robbing a taxi driver in Surrey in June 2019. Crown and defence jointly proposed 40 months and a long-term offender designation. Justice Sharma accepted the joint submission, imposing 40 months less 37 months of credit, designating him a long-term offender and making a 10-year long-term supervision order, finding the terms met the demands of public safety and addressed his mental illness and substance use.

In the judge's words

I confirm that I am accepting the joint submission today. I am satisfied that it is warranted in this case, that it meets the demands of public safety and public protection, and that it is appropriately tailored to the particular offender in front of me.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
40 months in custody1
Appeal
Not yet checked
Counsel
Crown: M.A. Fortino
Defence: M. Jasper

Sources

  1. R. v. Aneke, 2021 BCSC 2064 Court decision, CanLII, July 5, 2021[2] Crown and defence gave a joint submission on sentence. … the court impose a sentence of 40 months less time served for robbery[2] Crown and defence gave a joint submission on sentence. … the court impose a sentence of 40 months less time served for robbery[1] THE COURT: These are my reasons for sentence with regard to Dubem Onyemchi Aneke.[17] I confirm that I am accepting the joint submission today. I am satisfied that it is warranted in this case, that it meets the demands of public safety and public protection, and that it is appropriately tailored to the particular offender in front of me.a) 40 months, with credit for time served at a rate of 1.5 days, meaning you have been credited with 37 months and there are three more months to serve. … b) I designate you as a long‑term offender, and you will be under a long‑term offender order for ten years.
  2. Criminal Code, s. 344 Record, Justice Laws Website
  3. R. v. Aneke, 2021 BCSC 2064 Court decision, Courts of British Columbia

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