Appeals court cuts sentence on robbery charge

Fifteen months in jail for robbery was too long, according to the Alberta Court of Appeals, after a judge imposed a longer sentence than the Crown sought for a Stettler woman.

Fifteen months in jail for robbery was too long, according to the Alberta Court of Appeals, after a judge imposed a longer sentence than the Crown sought for a Stettler woman.

A panel of three appeal court justices reduced the sentence of Brandy Cristine Carl, 37, by three months in a decision released on Wednesday.

Carl pleaded guilty in March 2015 to charges of robbery, failing to attend court and hit and run. She received a global sentence of 16 months and 21 days in custody, 15 months for the robbery charge alone.

In the ruling, the appeal court noted that Carl had a crack cocaine addiction and was “out of control while she chased all possible sources to obtain more cocaine.” She had five prior convictions, all relating to attempts to feed the addiction.

“That addiction has taken over her life and left her unable to manage.”

Upon her conviction, the Crown prosecutor sought a sentence of 12 months for the robbery charge. Judge David Plosz, who presided over her sentencing, instead imposed a sentence of 15 months for the robbery charge.

Although she was sentenced to 16 months and 21 days on all the charges, she was given credit for 150 days of pre-conviction custody.

“We understand the trial judge’s motivation in imposing that enhanced sentence and we do not fault him for that,” reads the decision.

“He was concerned that the appellant was completely out of control. But now we are dealing with the situation seven months on, four months from the date of sentence and we think that the concern which motivated the trial judge to impose a sentence of 15 months, rather than the 12 months sought by the Crown, has been addressed.

“Accordingly, in the unique circumstances of this case we will reduce the sentence by those three months, but to that extent only.”

Although the sentence was reduced, the appeal court panel said they see no defect in the sentencing process, or in the global sentence that resulted.

On April 6, 2014, Carl went to a Stettler convenience store with a knife and demanded money.

The clerk told her the money was locked up and could not be produced. Carl took two cartons of cigarettes and left. She was arrested a few days later.

mcrawford@bprda.wpengine.com

Just Posted

Seventeen deserving grads win scholarship awards

Red Deer Rotary Club, Community Foundation honour “exemplary” students

Red Deer ranked 39th top destination city by U-Haul

U-Haul migration trends report shows moved up eight spots from last year

Alberta Council on Aging to meet in Red Deer

Event at Golden Circle Seniors Resource Centre

Pro-pipelines rally draws crowd to City Hall

Canadian Taxpayers Federation says Canada missing out on billions in revenue

Toronto mayor gives Raptors star Kawhi Leonard key to city

Toronto Mayor John Tory made his pitch to Raptors star Kawhi Leonard… Continue reading

Health: What you should know about low intensity light therapy

Years ago I nearly made a bad decision. I was asked to… Continue reading

Family: Graduations mark the beginning of the end

When the month of June gets all dressed up in its spring… Continue reading

Mastercard to allow transgender people to use chosen name

NEW YORK — Mastercard will allow transgender people to use their chosen… Continue reading

Opinion: Throwing cold water on fee for calling firefighters

There’s never any upside to adversity. Whether it’s the loss of a… Continue reading

Canadian sports fans have changed since the Blue Jays’ World Series wins

TORONTO — After more than a quarter century since one of the… Continue reading

Henderson wins Meijer LPGA to break Canadian victory record

GRAND RAPIDS, Mich. — Brooke Henderson won the Meijer LPGA Classic on… Continue reading

Franchise fatigue continues with ‘Men in Black’ and ‘Shaft’

LOS ANGELES — Brand familiarity isn’t everything when it comes to attracting… Continue reading

Most Read