R. v. McQuarrie

R. v. McQuarrie

Balancing denunciation, deterrence and protection of the public with rehabilitation, the court imposed 8 years 6 months (rounded to 3,100 days) on the robbery conviction, granted a conditional stay on the assault (Kienapple), credited pre-sentence custody at 1.5:1 (948 days served = 1,422 days credit) leaving 1,678 days to be served; imposed DNA sampling authorization, lifetime weapons prohibition and a no-contact order while in custody.

Citation
2026 BCSC 728
Parties
Crown: Rex; Accused: Justin Elliot McQuarrie
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 April 2026
Procedural Posture
Criminal: Robbery and Assault With a Weapon / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted of robbery (s.344(1)(b)); conditional stay granted on assault with a weapon (s.267(a)) pursuant to Kienapple; sentenced to 8 years 6 months (3,100 days) with pre-sentence custody credit of 1,422 days resulting in 1,678 days custody remaining to be served; ancillary orders imposed.
Legal Topics
Robbery, Assault With a Weapon, Kienapple Principle (conditional Stay), Pre Sentence Custody Credit, Victim Vulnerability, Weapons Prohibition, DNA Sampling
Source Language
English
Criminal Law Sentencing Robbery Assault With a Weapon Kienapple Principle (conditional Stay) Pre Sentence Custody Credit Victim Vulnerability Weapons Prohibition +1 more

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Parties

Rex

Crown

Justin Elliot McQuarrie

Accused

Procedural Posture

Criminal: Robbery and Assault With a Weapon / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 What is the fit sentence for robbery with violence against a vulnerable victim?
  2. 2 Application of the Kienapple principle to related offences
  3. 3 Appropriate rate of pre-sentence custody credit

Ratio Decidendi

Balancing denunciation, deterrence and protection of the public with rehabilitation, the court imposed 8 years 6 months (rounded to 3,100 days) on the robbery conviction, granted a conditional stay on the assault (Kienapple), credited pre-sentence custody at 1.5:1 (948 days served = 1,422 days credit) leaving 1,678 days to be served; imposed DNA sampling authorization, lifetime weapons prohibition and a no-contact order while in custody.

Court Disposition

Accused convicted of robbery (s.344(1)(b)); conditional stay granted on assault with a weapon (s.267(a)) pursuant to Kienapple; sentenced to 8 years 6 months (3,100 days) with pre-sentence custody credit of 1,422 days resulting in 1,678 days custody remaining to be served; ancillary orders imposed.

Orders

  • Conditional stay of proceedings on Count #2 (assault with a weapon) pursuant to Kienapple principle
  • Sentence of 8 years 6 months (3,100 days) on robbery conviction (Count #1)