Robbery
R. v. Metcalfe
Sentence and the Crown's position
What the law allows
Alan Stuart Metcalfe pleaded guilty to robbing a Kelowna bank while masked and pointing an imitation handgun at employees, with 13 people inside. The Crown and defence jointly proposed four years. Justice Wilson accepted the joint submission and imposed four years' imprisonment, citing his criminal record for similar offences as the main aggravating factor and his guilty plea, youth and rehabilitative steps as mitigating.
In the judge's words
1[18] In the circumstances I am prepared to accept the joint submission. The test on a joint submission is whether the proposed sentence would bring the administration of justice into disrepute or would otherwise be contrary to the public interest; R. v. Anthony-Cook, [2016] S.C.J. No. 43. I am satisfied that the proposed sentence should be approved and there is no reason to require a different sentence in these circumstances.
The record
Sources
- R. v. Metcalfe, 2023 BCSC 1728 Court decision, CanLII, August 29, 2023
[9] This is a joint sentence submission. Both Crown and defence seek a four‑year sentence plus a couple of mandatory ancillary orders.
[9] This is a joint sentence submission. Both Crown and defence seek a four‑year sentence plus a couple of mandatory ancillary orders.
[2] Mr. Metcalfe pleaded guilty to one count of robbery pursuant to s. 344(1)(b) of the Criminal Code.
[18] In the circumstances I am prepared to accept the joint submission. The test on a joint submission is whether the proposed sentence would bring the administration of justice into disrepute or would otherwise be contrary to the public interest; R. v. Anthony-Cook, [2016] S.C.J. No. 43. I am satisfied that the proposed sentence should be approved and there is no reason to require a different sentence in these circumstances.
[20] I sentence you to four years' imprisonment, a lifetime firearms ban pursuant to s. 109 of the Criminal Code, and a mandatory DNA order under s. 487.051(1) of the Criminal Code.
- Criminal Code, s. 344 Record, Justice Laws Website
- R. v. Metcalfe, 2023 BCSC 1728 Court decision, Courts of British Columbia