Robbery
R. v. Moote
Sentence and the Crown's position
Crown asked4 years in custody1
Judge imposed1,460 days (four years) less 829 days credit, leaving 631 days, then one year probation; lifetime s. 109 ban, DNA1
What the law allows
MaximumLife imprisonment
Crown asked4 years in custody
Judge imposed4 years in custody
Defence asked4 years in custody
Clayton Vicars Peter Moote pleaded guilty to robbery after demanding $400 from a bank teller while giving the impression he had a firearm, within months of his release from a sentence for an earlier robbery. Crown and defence jointly proposed four years of incarceration less credit for time served. Justice Betton accepted the joint submission, imposing 1,460 days less 829 days of credit, leaving 631 days, followed by one year of probation, and added a condition that he abstain from alcohol and drugs.
In the judge's words
1But for that condition, I am prepared to accept the joint submission in all of the circumstances.
The record
Sources
- R. v. Moote, 2022 BCSC 1975 Court decision, CanLII, April 29, 2022
[12] The matter comes today before me by way of a joint submission for four years incarceration, less credit for time served.
[12] The matter comes today before me by way of a joint submission for four years incarceration, less credit for time served.
[1] THE COURT: Clayton Vicars Peter Moote is before me to be sentenced on a single count
[14] … But for that condition, I am prepared to accept the joint submission in all of the circumstances.
[15] Accordingly, Mr. Moote, you will be sentenced to an effective sentence of 1,460 days less credit for the time that you have spent, multiplied by one-and-a-half days credit for each day actually served for a total of 829 days, and thus the new sentence, the time you will be sentenced to, is 631 days. That will be followed by a period of probation for a period of one year.
- R. v. Moote, 2022 BCSC 1975 Court decision, Courts of British Columbia