R v. Dalkeith-Mackie, 2018 MBCA 118 (leMaistre):
[18] In Charlette, Hamilton JA considered the starting point when sentencing for armed robbery and concluded (at para 46):
In other words, the starting point for a judge’s analysis when sentencing an offender with no previous criminal record for robbery of a taxi driver when armed with a weapon is a sentence between two and four years, depending on the circumstances of the offence and the offender, unless there are mitigating factors that call for an emphasis on rehabilitation rather than deterrence, denunciation and protection of the public.
[19] In Okemow, Mainella JA explained that the two to four-year starting point is not limited to cases involving taxi drivers (at para 112):
An armed robbery of a 24-hour retail location, such as a convenience store, gas station, pharmacy or fast-food outlet, is aggravating because the workers in those stores are vulnerable. They are often working alone and are in possession of cash or other valuable items, such as cigarettes. As Carlson PJ noted in R v Mandzuk, 2007 MBPC 34, such locations are “soft targets” and the victims of such robberies “are deserving of special protection of the law” (at para 34).
[20] The two to four-year starting point presumes a mature accused with no criminal record and prior good character, and is adjusted for any relevant aggravating or mitigating circumstances relating to the offence or the offender (see R v JRA, 2012 MBCA 48 at para 5).
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Case Categories: 8a - SENTENCING - Specific crimes and Robbery