Robbery, Breach of a probation order, Resisting or obstructing a peace officer, Breach of a release order

R v Wright

  • Below the Crown's ask
  • On release at the time

Sentence and the Crown's position

Crown asked2 years in custody1
Judge imposedSuspended sentence with 24 months probation, after 397.5 days of remand credit exceeded a 390-day notional sentence1
340 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked2 years in custody
Judge imposed13 months in custody
Defence askedTime served
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.

Jelani Courtenay Wright pleaded guilty to robbery, resisting a peace officer, breach of probation and breach of a release order after grabbing cash from an 87-year-old man at a Halifax ATM and dragging him to the ground, while subject to a probation order and a release order. The prosecution sought a two-year sentence going forward after remand credit; the defence sought time served with probation or a conditional sentence. Judge Atwood found 390 days proportionate in total and, because Wright's 397.5 days of remand credit exceeded that, suspended the passing of sentence and imposed 24 months of probation, placing the robbery at the lower end of seriousness as a crime of opportunity without disguise, threats or weapons.

In the judge's words

Nonetheless, it is important to observe that Mr Wright did not disguise himself, and did not resort to threats or the use of weapons. The victim was not harmed. The robbery was a crime of opportunity: there is no evidence of planning.

1

The record

Prior convictions
Not recorded
At the time of the offence
On probation1
Defence asked for
Time served1
Appeal
Not yet checked
Counsel
Crown: William Mathers
Defence: Cameron MacKeen

Sources

  1. R v Wright, 2024 NSPC 45 Court decision, CanLII, September 26, 2024[2] The prosecution seeks a two-year sentence going forward, after allowing for a remand credit; defence counsel seeks a time-served sentence and a period of probation or a conditional-sentence order [CSO].[2] The prosecution seeks a two-year sentence going forward, after allowing for a remand credit; defence counsel seeks a time-served sentence and a period of probation or a conditional-sentence order [CSO].[21] None of the charges before the Court carries a mandatory minimum penalty.[1] Jelani Courteny Wright is to be sentenced for charges of robbery, § 344 of the Criminal Code [Code] (case 8678591), resisting a peace officer, § 129 of the Code (case 8678592), breach of probation, § 733.1 of the Code (case 8678597), and breach of a release order, § 145 of the Code (case 8679598).[5] On 7 April 2023 at 1115 hrs, Mr Wright was escorted out of the Shoppers Drug Mart retail store on Spring Garden Road in Halifax; he was subject to a probation order and a release order not to go there.[33] Nonetheless, it is important to observe that Mr Wright did not disguise himself, and did not resort to threats or the use of weapons. The victim was not harmed. The robbery was a crime of opportunity: there is no evidence of planning.[44] This results in a total preliminary calculation of a 390-day sentence, which I believe achieves the objectives of denunciation and deterrence while remaining restrained, and is in conformity with the jump principle. … [48] Given that the time Mr Wright has spent on remand exceeds the total of the sentences that I consider proportionate in this case, the Court suspends the passing of sentence and places Mr Wright on probation for a period of 24 months with terms set out in a checklist I have provided to the clerk of the Court.
  2. R v Wright, 2024 NSPC 45 Court decision, Courts of Nova Scotia

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