Supreme court | Sentence
PREVENTIVE DETENTION
Robbery with threats of violence against person was serious personal injury offence
Accused convicted of robbery. Accused robbed drugstore by saying that he had gun. No evidence that accused actually had gun or used any force. Crown applied for dangerous offender assessment. Trial judge dismissed application on basis that offence was not serious personal injury offence. Court of Appeal dismissed Crown’s appeal. Appeal allowed. Definition of “violence” in s. 752 incorporates harm caused, attempted, or threatened. Robbery with threats of violence against person was serious personal injury offence within meaning of section.
R. v. Steele (Oct. 9, 2014, S.C.C., McLachlin C.J.C., Abella J., Rothstein J., Cromwell J., Moldaver J., Karakatsanis J., and Wagner J., File No. 35364) Decision at 105 W.C.B. (2d) 641 was reversed. 116 W.C.B. (2d) 427.
Robbery with threats of violence against person was serious personal injury offence
Accused convicted of robbery. Accused robbed drugstore by saying that he had gun. No evidence that accused actually had gun or used any force. Crown applied for dangerous offender assessment. Trial judge dismissed application on basis that offence was not serious personal injury offence. Court of Appeal dismissed Crown’s appeal. Appeal allowed. Definition of “violence” in s. 752 incorporates harm caused, attempted, or threatened. Robbery with threats of violence against person was serious personal injury offence within meaning of section.
R. v. Steele (Oct. 9, 2014, S.C.C., McLachlin C.J.C., Abella J., Rothstein J., Cromwell J., Moldaver J., Karakatsanis J., and Wagner J., File No. 35364) Decision at 105 W.C.B. (2d) 641 was reversed. 116 W.C.B. (2d) 427.
