R. v. Blake

R. v. Blake

Leave to appeal was granted but the appeal was dismissed: the sentencing judge did not err in principle nor impose an unfit sentence; the robbery sentences of three and one-half and four and one-half years (to be served concurrently) were upheld, and convictions for using an imitation firearm satisfied s.85(2) with mandatory consecutive one-year weapons terms under s.85(3)(a).

Citation
2001 BCCA 249
Parties
Plaintiff (respondent): Regina; Defendant (appellant): Terrance Blake Scott
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
26 March 2001
Procedural Posture
Criminal Appeal (sentence) / Application for Leave to Appeal Sentence and Appeal Heard in Court of Appeal
Outcome
Leave to appeal granted; appeal dismissed; robbery sentences upheld.
Legal Topics
Robbery, Use of Imitation Firearm S.85(2) Criminal Code, Mandatory Minimum Sentence S.85(3)(a), Appeal Against Sentence, Sentencing Principles: Deterrence, Denunciation, Rehabilitation
Source Language
English
Criminal Law Sentencing Weapons Offences Robbery Use of Imitation Firearm S.85(2) Criminal Code Mandatory Minimum Sentence S.85(3)(a) Appeal Against Sentence Sentencing Principles: Deterrence, Denunciation, Rehabilitation

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Parties

Regina

Plaintiff (respondent)

Terrance Blake Scott

Defendant (appellant)

Procedural Posture

Criminal Appeal (sentence) / Application for Leave to Appeal Sentence and Appeal Heard in Court of Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in principle by overemphasizing deterrence and denunciation at the expense of rehabilitation
  2. 2 Appropriate global sentence range for two robbery convictions
  3. 3 Whether an object resembling a firearm satisfies s.85(2) for use of an imitation firearm and application of mandatory consecutive one-year terms under s.85(3)(a)

Ratio Decidendi

Leave to appeal was granted but the appeal was dismissed: the sentencing judge did not err in principle nor impose an unfit sentence; the robbery sentences of three and one-half and four and one-half years (to be served concurrently) were upheld, and convictions for using an imitation firearm satisfied s.85(2) with mandatory consecutive one-year weapons terms under s.85(3)(a).

Court Disposition

Leave to appeal granted; appeal dismissed; robbery sentences upheld.

Orders

  • Leave to appeal sentence granted
  • Appeal dismissed