Robbery
R. v. Antonius
- No jail for a violent offence
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
A jury convicted Shiny Christy Antonius of robbery for taking part, with two others, in a swarming attack on a neighbour in Mission in 2022 to take a dog from her. The Crown sought an 18-month conditional sentence with six months of house arrest; the defence sought a suspended sentence. Justice Fitzpatrick imposed the 18-month conditional sentence the Crown proposed and ordered $846.40 in restitution, finding that rehabilitation and a low risk of reoffending made a jail sentence served in the community appropriate.
In the judge's words
1In the usual case, a jail sentence would be warranted for this offence. I agree with the Crown that the rehabilitative aspects of sentencing and Ms. Antonius' low risk of re-offending move the balance to a CSO, a jail sentence in the community, as being appropriate to address all three sentencing principles.
The record
Sources
- R. v. Antonius, 2025 BCSC 2438 Court decision, CanLII, December 8, 2025
[43] The Crown seeks a CSO for 18 months, pursuant to s. 742.1 of the Criminal Code. The CSO would include house arrest for the first six months.
[44] Defence counsel firstly seeks a suspended sentence. In the alternative, defence counsel agrees that the Crown's position as to the CSO is reasonable.
[1] On June 18, 2025, after a jury trial, Shiny Christy Antonius was convicted of robbery, contrary to s. 344(1)(b) of the Criminal Code, R.S.C. 1985, c. C-46.
[31] Ms. Antonius has a criminal record. Firstly, when she was 21 years old (1997), she was convicted under the Criminal Code of driving while impaired. She received a one-year driving prohibition and a $500 fine. Secondly, when she was 22 years old (1998), she was convicted under the Criminal Code of impaired driving causing bodily harm and operating a vehicle while disqualified.
[61] In the usual case, a jail sentence would be warranted for this offence. I agree with the Crown that the rehabilitative aspects of sentencing and Ms. Antonius' low risk of re-offending move the balance to a CSO, a jail sentence in the community, as being appropriate to address all three sentencing principles.
[73] I impose a conditional sentence order (CSO) for a term of 18 months.
- Criminal Code, s. 344 Record, Justice Laws Website
- R. v. Antonius, 2025 BCSC 2438 Court decision, Courts of British Columbia