Robbery
R. v. Ford
Sentence and the Crown's position
Crown asked2 years in custody1
Judge imposed2 years in a federal institution, then 1 year probation1
What the law allows
MaximumLife imprisonment
Crown asked2 years in custody
Judge imposed2 years in custody
Defence asked2 years in custody
James William Ford pleaded guilty to robbery while armed with a knife at a Glace Bay restaurant in 2019. Crown and defence jointly recommended two years in custody followed by probation. Justice Murray accepted the joint recommendation and imposed two years in a federal institution followed by one year of probation, finding a need for general and specific deterrence for crimes of violence.
In the judge's words
1Although Mr. Ford is a first time Offender, there is a need for both of general and specific deterrence. It sends a message to likeminded individuals that significant consequences await those who choose to commit crimes of violence.
The record
Sources
- R. v. Ford, 2021 NSSC 374 Court decision, CanLII, December 16, 2021
[15] By recommending a lesser sentence of two (2) years, it appears the Crown has weighed and considered the positive factors of Mr. Ford’s circumstances as well as the circumstances of the offence.
[21] The Defence submits that the joint recommendation does fall within the range of sentencing for an offence of this kind. Defence Counsel asks the Court to accept the joint sentence proposed by counsel. … [26] … In these circumstances a 2 year period of incarceration for a young man at age 36, is a substantial sentence.
[1] The Defendant, James William Ford, has plead guilty to the offence of robbery, while armed with an offensive weapon contrary to section 3441(b) of the Criminal Code of Canada.
[7] Apart from this, he has no criminal record and since that offence was committed after the present charge, he had no prior criminal record at the time of this offence.
[27] Although Mr. Ford is a first time Offender, there is a need for both of general and specific deterrence. It sends a message to likeminded individuals that significant consequences await those who choose to commit crimes of violence.
[30] The joint recommendation put forth by Counsel is hereby accepted. The sentence imposed up Mr. Ford is as follows: … a two (2) year period of custody in a Federal Institution; … a one (1) year period of probation to follow the two (2) year custodial sentence;
- Criminal Code, s. 344 Record, Justice Laws Website
- R. v. Ford, 2021 NSSC 374 Court decision, Courts of Nova Scotia