Robbery, Assault with a weapon, Break and enter a place other than a dwelling-house, Possession of a weapon for a dangerous purpose, Mischief to other property

R. v. Currie

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

Sentence and the Crown's position

Crown asked7 years and 6 months in custody1
Judge imposedSix years' imprisonment in total (2 years for break and enter plus 4 years consecutive for robbery), less 442.5 days' remand credit1
1 year and 6 months less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked7 years and 6 months in custody
Judge imposed6 years 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.

Jarrot Currie was sentenced for breaking into a Glace Bay convenience store and, hours later, robbing a taxi driver at knifepoint. The Crown sought a total of 7.5 years in custody; the defence had recommended 5 years. Justice Murray imposed a total of six years, with the robbery sentence consecutive to the break and enter, citing a balance between denunciation and deterrence and Mr. Currie's addiction treatment.

In the judge's words

Taking a “last look” to determine the overall appropriateness of the sentence I have decided that a total sentence of six (6) years provides a balance between principles that need to be emphasized and the few positive things that are happening in Mr. Currie’s life, not the least of which is addiction treatment.

1

The record

Prior convictions
Not recorded
At the time of the offence
On bail1
Appeal
Not yet checked
Counsel
Crown: Lisa MacPhee
Defence: Alan Stanwick

Sources

  1. R. v. Currie, 2024 NSSC 402 Court decision, CanLII, October 3, 2024[16] The Crown’s overall recommendation is for the Court to impose a period of custody of 7.5 years in this case.[3] Briefly, Jarrot Currie broke and entered Cletus Convenience, on West Avenue, Glace Bay, around midnight smashing the front door, breaking the glass, and then using a hatchet to attempt to break into the cigarette counter.[70] Mr. Currie’s criminal record shows that specific deterrence is a consideration in addition to general deterrence. The Crown has submitted that these offences were committed while the accused was on release conditions. Thus, that statutory aggravating factor contained in s. 718.3(4)(b) of the Criminal Code exists here.[73] Taking a “last look” to determine the overall appropriateness of the sentence I have decided that a total sentence of six (6) years provides a balance between principles that need to be emphasized and the few positive things that are happening in Mr. Currie’s life, not the least of which is addiction treatment.[66] I conclude that sentence for the s. 344(1)(b) robbery charge shall be imposed consecutively to the s. 348(1)(a) break and enter offence. … [73] Taking a “last look” to determine the overall appropriateness of the sentence I have decided that a total sentence of six (6) years provides a balance between principles that need to be emphasized and the few positive things that are happening in Mr. Currie’s life, not the least of which is addiction treatment. … From this sentence shall be deducted the credit for remand time based on the calculation provided by the Crown which totals 442.5 days with the enhanced credit.
  2. Criminal Code, s. 344 Record, Justice Laws Website
  3. R. v. Currie, 2024 NSSC 402 Court decision, Courts of Nova Scotia

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