The inability to establish that a weapon used in a car-jacking or robbery was in fact a firearm cannot be considered a mitigating factor. Where robberies are ancillary to a car-jacking, a sentencing judge may depart below the R v Henry guideline range to avoid double-counting aggravating factors common to both offences. The value of the vehicle the subject of a car-jacking may be a relevant consideration in assessing objective seriousness (obiter).
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