Robbery
R. v. McQuarrie
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Justin Elliot McQuarrie was convicted after trial of robbery for an unprovoked attack on a 68-year-old wheelchair user whose belongings he took; a conviction for assault with a weapon was conditionally stayed. The Crown sought 10 years' imprisonment; Mr. McQuarrie sought a conditional sentence. Justice LeBlanc imposed 8 years, 6 months (3,100 days), less 1,422 days' credit for pre-sentence custody, finding a sentence below the Crown's cited cases fit in light of his recently expressed desire for rehabilitation.
In the judge's words
1Accordingly, balancing the principles of denunciation, deterrence and protection of the public with the principle of rehabilitation in the factual matrix of this case, I find that a fit sentence should be something less than that imposed in Klapcic and Johns but within the higher ranges suggested in Brogan.
The record
Sources
- R. v. McQuarrie, 2026 BCSC 728 Court decision, CanLII, April 10, 2026
[36] The Crown submits that a fit and proper sentence is 10 years imprisonment, considering the aggravating factors and absence of mitigating factors.
[1] On April 17, 2025, Justin Elliot McQuarrie was convicted of robbery contrary to s. 344(1)(b) of the Criminal Code ("Count #1") and assault with a weapon contrary to s. 267(a) of the Criminal Code ("Count #2").
[21] Mr. McQuarrie has an extensive criminal record and prior history of violence. Mr. McQuarrie has two prior convictions for robbery, prior convictions for assaulting a peace officer, assault with intent to resist arrest, aggravated assault and uttering threats.
[47] Accordingly, balancing the principles of denunciation, deterrence and protection of the public with the principle of rehabilitation in the factual matrix of this case, I find that a fit sentence should be something less than that imposed in Klapcic and Johns but within the higher ranges suggested in Brogan.
[48] Taking into account the circumstances of the offence, Mr. McQuarrie's criminal record and history of offending, the aggravating and mitigating factors, the submissions of the Crown and Mr. McQuarrie, and the relevant case authorities, I impose a sentence of 8 years, 6 months which I have rounded down to 3,100 days. … [49] Mr. McQuarrie has served 948 days in pre-sentencing custody to today. Applying a credit at the rate of 1.5:1 provides Mr. McQuarrie with 1,422 days of credit for time served.
- Criminal Code, s. 344 Record, Justice Laws Website
- R. v. McQuarrie, 2026 BCSC 728 Court decision, Courts of British Columbia