Robbery, Using an imitation firearm in the commission of an offence
R. v. Hunter
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Brittani Lesley Lynn Hunter pleaded guilty to two robberies and to using an imitation firearm in one of them, committed an hour apart in Campbell River in February 2020; in the second, she pushed a 71-year-old woman to the ground and took her wallet, fracturing the woman's wrist. The Crown sought a global sentence of three years and the defence two years. Justice Baird imposed consecutive terms totalling 28 months, less 17 months credit for pre-trial custody, followed by 18 months of probation, citing her addiction-driven offending, minor record and prospects of rehabilitation.
In the judge's words
1I agree with counsel that an additional period of incarceration is required for this offender, but I have decided to make it for a shorter time than recommended by the Crown. In my view, the circumstances of the case and the long-term security of the community require a more charitable balance between punishment and rehabilitation.
The record
- Convicted of
- Robbery (CC 344, 2 counts)
- Using an imitation firearm in the commission of an offence (CC 85(2))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years in custody1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Petty
Defence: D. Marion, Q.C.
Sources
- R. v. Hunter, 2021 BCSC 2426 Court decision, CanLII, November 23, 2021
[25] Crown counsel submits that a fit global sentence for the offences at bar would be three years.
Defence counsel argues that a two year sentence would be fit in all of the circumstances.
[2] … Using an imitation firearm in the commission of a robbery carries a maximum sentence of 14 years, and a minimum mandatory sentence of one year, which sentence must be served consecutively to that imposed for underlying robbery.
[1] The accused, Brittani Lesley Lynn Hunter, has entered guilty pleas to three criminal charges, all committed on February 17, 2020 in Campbell River, B.C.
[37] I agree with counsel that an additional period of incarceration is required for this offender, but I have decided to make it for a shorter time than recommended by the Crown. In my view, the circumstances of the case and the long-term security of the community require a more charitable balance between punishment and rehabilitation.
[40] … In all of the circumstances, and due regard had to the principle of totality, I hereby sentence this offender to consecutive jail terms of: four months on Count 1, 12 months on Count 2, and 12 months on Count 3, for a total of 28 months reduced by the equivalent of 17 months already spent in custody. The net sentence, to be served from today, is therefore one of 11 months. … [41] Upon her release, the offender will be bound by the terms and conditions of a probation order for a period of 18 months.
- R. v. Hunter, 2021 BCSC 2426 Court decision, Courts of British Columbia