A sentencing judge who departs considerably from the Henry guideline range for armed robbery must articulate sufficient reasons for doing so; a sentence of 2 years for a participant in a joint criminal enterprise to commit armed robbery, after trial, is manifestly inadequate even where the offender played a lesser role as getaway driver. Where a Crown appeal succeeds but the offender has already been released on parole, the appropriate course may be to increase the head sentence while maintaining the non-parole period so the offender is not returned to custody.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
6 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.