Appeal court reduces Surrey judge’s sentence of teenaged robber

Appeal court reduces Surrey judge’s sentence of teenaged robber

Boy, age 16, pleaded guilty to robbery, breaking-and-entering, using imitation firearm when committing robbery

A higher court has reduced the sentence a Surrey provincial court judge gave a teenaged boy who pleaded guilty to three home invasion-related crimes, finding the sentence exceeded the maximum allowable under the Youth Criminal Justice Act.

The boy, whose identity is shielded by the YCJA, was given the maximum three-year custody and supervision order followed by 12 months’ probation as well as a $7,500 restitution order, to remain in effect for five years. He pleaded guilty to robbery, breaking-and-entering and using an imitation firearm when committing the robbery.

The Court of Appeal for British Columbia also found the provincial court judge erred by failing to take into account the boy’s ability to pay the restitution. The teen had just turned 16 at the time the crimes were committed. The Crown did not seek an adult sentence.

The provincial court judge gave him a year’s credit for the 451 days he’d already been in custody and ordered a 24-month custody and supervision order.

Appeal Court Justice Bruce Butler struck the probation and restitution orders and set the community supervision part of the sentence at 12 months, to be served after 24 months in custody. Justices John Hunter and Peter Willcock concurred.

In the early morning of Sept. 28, 2017 the boy and three other people wearing masks broke into a rural home of a couple and their four children. The teen and one of the other intruders appeared to be carrying rifles, Butler noted.

“The family was in bed and were awakened by the intruders who threatened them with the firearms,” the judge stated in his Dec. 12 reasons for judgment. “The intruders took cell phones, money and other items from the home. They stole one of the vehicles and attempted to escape after crashing through the front gates of the property.”

Butler noted police captured the robbers following a pursuit by car and helicopter.

“The family members were terrorized by the robbery and have suffered long-term psychological consequences.”

READ ALSO: New trials ordered for two accused robbers convicted in Surrey court



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A bowl from Obey Poke, part of Joseph Richard Group’s Meal Ticket Brands launch in 2019. The program is now known as Canteen: A Virtual Food Court, at wearethecanteen.ca. (file/submitted photo)
On #TakeoutDay, Surrey restaurants urge direct meal orders, not second-party delivery

Dowtown Surrey BIA says ‘we can help support restaurants that already have a lot on their plates’

Parliament Hill is shown in Ottawa on Wednesday, March 11, 2020. The Trudeau government has agreed with the Senate that Canadians suffering solely from grievous and irremediable mental illnesses should be entitled to receive medical assistance in dying — but not for another two years. (THE CANADIAN PRESS/Sean Kilpatrick photo)
Self-advocates ‘sad, scared, angry’ over revisions to assisted-death legislation

Bill C-7 was expanded to include access to medically assisted death for non-terminal conditions

Police barricade (File photo: Tom Zytaruk)
Surrey RCMP investigate shooting overnight at Whalley motel

Sergeant Elenore Sturko said a 38-year-old man was taken to hospital suffering from a serious injury

The South Point Exchange Wendy’s location was ordered closed for 10 days due to COVID-19. The closure took effect on April 9, 2021. (Google Streetview screenshot)
COVID-19 prompts 10-day closure of South Surrey fast-food restaurant

Fraser Health confirms order for South Point Wendy’s was issued April 9

Surrey School District building. (File photo)
‘We’re in a financial lockdown’: Surrey school district working with $40M budget deficit

District, board points to lack of immigration for new student enrolment

Jamie Coutts recorded a man following her around downtown Vancouver for a half-hour on Wednesday, March 18. (Instagram screenshot/Iammjammbamm)
Man charged in alleged high-profile Vancouver stalking case that went viral online

Man faces five charges including criminal harassment and assault with a weapon

A new Lower Mainland study will examine feline COVID-19 transmission using data gathered from up to 40 cats living with newly infected adults. (Pixabay)
CDC conducting mobile kitty COVID tests outside of Lower Mainland homes

Researchers are probing whether humans can transmit the coronavirus to household pets

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A sea lion swims past the window of an empty viewing area Vancouver Aquarium is pictured Thursday, September 10, 2020. The Vancouver Aquarium has had to close its doors to the public due to the lack of visitors during the COVID-19 pandemic. THE CANADIAN PRESS/Jonathan Hayward
U.S.-based theme park company buys Vancouver Aquarium

Aquarium had to shut its doors in September due to COVID pandemic

A man wears a protective face covering to help prevent the spread of COVID-19 as he walks past the emergency entrance of Vancouver General Hospital in Vancouver, B.C., Friday, April 9, 2021. THE CANADIAN PRESS/Jonathan Hayward
COVID-19 spike in B.C. could overwhelm B.C. hospitals: modelling group

There are 397 people are in hospital due to the virus, surpassing a previous high of 374 seen in December

A deep cut on a humpback whale is shown in this recent handout photo in the Vancouver area. A conservation organization is warning boaters to be extra careful to prevent further harm to an injured humpback whale swimming in the Vancouver area. THE CANADIAN PRESS/HO, Ocean Wise, Vanessa Prigollini *MANDATORY CREDIT*
Boaters urged to use caution around hurt humpback off Vancouver

Ocean Wise says watchers first noticed the wound 3 days ago and believe it was caused by a vessel strike

Ron Rauch and his wife Audrey are photographed at their home in Victoria, Friday, March 5, 2021. Their daughter Lisa Rauch died on Christmas Day 2019 when a tactical officer with the Victoria Police Department shot her in the back of the head with plastic bullets after barricading herself in a room that was on fire. THE CANADIAN PRESS/Chad Hipolito
B.C. families push for changes as special committee examines provincial Police Act

Solicitor General Mike Farnworth acknowledged the need to update the legislation last year

Most Read