R. v. McDowell

Parties

Procedural Posture

Criminal Robbery and Assault / Sentencing / Judgment

Legal Issues

1. 1 Appropriate global and individual sentences for multiple robberies and an assault
2. 2 Application and amount of pre-trial custody credit
3. 3 Balancing deterrence/denunciation/protection with rehabilitation prospects

Ratio Decidendi

Balancing aggravating factors (vulnerable lone clerks, violence, weapon use, disguise/ planning, prior record) against mitigating factors (13-year hiatus in convictions, employment history, lack of prior violent convictions, remorse and realistic prospects of rehabilitation) required a sentence that emphasizes denunciation, deterrence and public protection but gives modifying weight to rehabilitation; a global sentence of five years was fit, with the agreed doubling credit for 13 months pre-trial custody (26 months) applied, producing concurrent individual sentences of 34 months on each robbery count and 2 months on the assault, and imposition of ancillary orders (firearms prohibition,...

Court Disposition

Accused convicted of three counts of robbery and one count of assault; total global sentence fixed at five years, pre-trial custody of 13 months credited at double rate (26 months); concurrent sentences imposed of 34 months on each robbery count and 2 months on the assault.

Orders

• Concurrent custodial sentences: 34 months on each robbery count and 2 months on the assault count
• Pre-trial custody credit applied: 13 months custody credited at double rate (26 months) to be deducted from the global five-year sentence