Manslaughter with a firearm, Robbery with a restricted or prohibited firearm
R. v. Tomljenovic
- On release at the time
Sentence and the Crown's position
Crown asked12 years in custody1
Judge imposed12 years for manslaughter, 6 years concurrent for robbery with a firearm, less 689 days credit1
What the law allows
MaximumLife imprisonment
Crown asked12 years in custody
Judge imposed12 years in custody
Defence asked8 years in custody
Minimum4 years
Robert Arthur Tomljenovic was found guilty of manslaughter and robbery with a firearm after he pistol-whipped and fatally shot a stranger he was trying to rob in Surrey while on bail with a no-weapons condition. The Crown sought 12 to 14 years for the manslaughter; the defence sought eight years. Justice Gerow imposed 12 years for the manslaughter and six years concurrent for the robbery, less 689 days of pre-sentence credit, finding his moral blameworthiness high and noting elements of planning and deliberation.
In the judge's words
1These are very serious offences. Mr. Tomljenovic's moral blameworthiness is high. There were obvious elements of planning and deliberation.
The record
- Convicted of
- Manslaughter with a firearm (CC 236(a))
- Robbery with a restricted or prohibited firearm (CC 344(1)(a))
- Prior convictions
- 4 prior convictions, 4 violent1
- At the time of the offence
- On bail1
- Defence asked for
- 8 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: M.J. Stacey
Defence: D.M. Melville
Sources
- R. v. Tomljenovic, 2022 BCSC 741 Court decision, CanLII, April 12, 2022
[3] On this sentencing hearing, the Crown is seeking a sentence of 12 to 14 years on the manslaughter charge and eight years for robbery with a firearm to be served concurrently with the manslaughter sentence.
[5] The defence submits the appropriate sentence is eight years for the manslaughter and six years for the robbery to be served concurrently.
[1] THE COURT: Robert Arthur Tomljenovic was found guilty of two counts; namely:
[20] Mr. Tomljenovic has a criminal record. At the time of … killing, Mr. Tomljenovic was on bail as a result of an incident that occurred on March 29, 2020. Mr. Tomljenovic's release order included conditions not to possess weapons and not to consume drugs.
[21] On March 26, 2021, Mr. Tomljenovic pleaded guilty to assault, assault causing bodily harm, assaulting a police officer, and disarming a police officer, for which he received a global sentence of nine months.
[55] These are very serious offences. Mr. Tomljenovic's moral blameworthiness is high. There were obvious elements of planning and deliberation.
· Mr. Tomljenovic, I sentence you to 12 years imprisonment for Count 1, the manslaughter of … · I sentence you to six years imprisonment for Count 2, the robbery with a firearm, to be served concurrently with Count 1. … Accordingly, Mr. Tomljenovic's time in custody is 459 days, the time credited at 1.5, will be 689 days.
- R. v. Tomljenovic, 2022 BCSC 741 Court decision, Courts of British Columbia