Court of Appeal

CASE NO.                                                   VOL. NO.                                                           PAGE

HER MAJESTY THE QUEEN                         - and -                           JESSE THOMAS BRATZER

(Appellant)                                                                                                                       (Respondent)

CAC 170831                                               Halifax, N.S.                                         BATEMAN, J.A.

                                             [Cite as: R. v. Bratzer, 2001 NSCA 166]

APPEAL HEARD:                             October 16, 2001

JUDGMENT DELIVERED:            November 22, 2001

SUBJECT:                 Sentencing

SUMMARY: The 18 year old offender committed three robberies in a short time span.  The judge imposed maximum conditional sentences, with conditions, for each of the three robberies, to be served concurrently.  Crown appealed.

ISSUES:                     Were the sentences manifestly unfit or reflective of error in principle?

RESULT:                   While a sentence of three years is the more usual starting point for robbery, there were exceptional circumstances here, warranting a departure from the standard.  In the fourteen months before sentence, the respondent had taken significant steps to alter his personal circumstances, including counseling, academic upgrading and volunteer service.  By all reports these offences were out of character.  He had been subject to house arrest and restrictive conditions while on interim release and had demonstrated his willingness and ability to comply with such an order.  The decision of the sentencing judge reflected an awareness and application of the relevant sentencing principles.  In these unique circumstances the sentence, although lenient, was not one subject to appellate intervention.  Appeal dismissed.