Robbery, Break and enter a dwelling-house

R. v. Main

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked7 years in custody1
Judge imposedThree years jail less 395 days' (13 months) pre-sentence credit, leaving 23 months, then 3 years probation; concurrent on both counts1
4 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked7 years in custody
Judge imposed3 years in custody
Defence asked2 years less a day in custody
For robbery (CC 344), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Troy Reginald Main was convicted after trial of robbery and breaking and entering a dwelling house, after he and another masked, armed man entered a man's motel room in October 2020, assaulted him and took drugs. The Crown sought seven to eight years less credit; the defence sought two years less a day followed by probation. Justice Betton imposed three years, less 13 months' credit for time served, followed by three years of probation, citing his age, cognitive difficulties and less serious prior record.

In the judge's words

[31] I will say without reservation that I do that in part recognizing and relying on the Houle decision, his less current and less serious criminal record, his age and his cognitive and other difficulties.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years less a day in custody1
Appeal
Not yet checked
Counsel
Crown: B. Bellrichard
Defence: D. Verdurmen

Sources

  1. R. v. Main, 2023 BCSC 530 Court decision, CanLII, January 6, 2023[17] The positions of the Crown and defence with respect to sentencing here are essentially these. The Crown says that a sentence of seven to eight years in custody less credit for time served is appropriate, together with ancillary orders regarding firearms prohibitions, DNA and a victim fine surcharge.[17] … The defence position is that a sentence of two years less a day to be followed by three years of probation is appropriate.[3] Mr. Main was convicted on two counts for offences that occurred on the 26th to 27th of October of 2020.[24] Here, Mr. Main has a prior criminal history. All of his prior convictions were as they--and when I say prior, prior to the offence date involved here, were as a youth. … He has adult convictions, all of which are, I would say, compliance-type offences and all of which post-dated the offence date here.[31] I will say without reservation that I do that in part recognizing and relying on the Houle decision, his less current and less serious criminal record, his age and his cognitive and other difficulties.[17] … Both Crown and defence agree that enhanced credit for time served, which has been calculated and I accept as accurate, to be 395 days; that is 263 days of actual time in custody which, using a formula that I have used in the past, and the Crown has used here, translates into 13 months' credit. … [31] … Accordingly, the two years less of day of actual time that I sentence him to will be followed by a period of three years of probation. … [65] THE COURT: Oh, I am sorry. So sorry, it is three years, so it will be 20--sorry. That is my error. It will be three years is what I would have imposed. Sorry. What I do impose. Less the credit for time served, so that will be 23 months.
  2. Criminal Code, s. 344 Record, Justice Laws Website
  3. R. v. Main, 2023 BCSC 530 Court decision, Courts of British Columbia

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