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

South Surrey-based pen-pal program aims to reduce seniors’ isolation during pandemic

South Surrey/White Rock concierge service to connects kids & seniors virtually

COVID-19: Daily update on the pandemic in Surrey, White Rock, Delta and beyond

APRIL 4: Two people in Delta fined for trying to re-sell N95 masks

Surrey veteran feels pinch from COVID-19 after cancelled surgery

Caught between two countries, and low income, soldier feels he’s been forgotten

Man injured in reported stabbing near Surrey SkyTrain station

Incident happened around 9 p.m. Friday night

Peace Arch News ad sparks discussion about value of community newspapers

White Rock resident hopes front-page note shines light on revenue loss during COVID-19 crisis

‘I love you this much’: B.C. firefighters share drone video on two-metre physical distancing

The Chilliwack Firefighters Association has been doling out helpful, visual reminders about COVID-19

Sex workers face new risks during COVID-19 pandemic

‘Desperation has kicked in’ for vulnerable, undocumented workers unable to access help

Unclear if Cowichan couple refusing to self-isolate will face penalty

No fines or charges have been laid to date, including Cowichan couple who won’t self isolate

COVID-19: Postponed surgeries will be done, B.C. health minister says

Contract with private surgical clinic to help clear backlog

Vancouver man, 21, charged after mother found dead in Squamish home

Ryan Grantham, 21, has been charged with second-degree murder

Fraser Valley’s tulips fields off limits to visitors due to COVID-19

Abbotsford and Chilliwack tulip farmers have announced their festival season won’t go ahead

Don’t stop going to the doctor, just do it virtually: B.C. association

Doctors encourage patients to access telephone, online visits

Most Read

l -->