A B.C. Court of Appeal judge has reduced the sentence of a man convicted of using a fake gun in a 2020 robbery of a Vancouver Island Subway.
Writing for the unanimous three-judge panel, Justice Susan Griffin said Edmond John Henry Patterson sought a reduction of his 23-month sentence for robbery and one-year consecutive sentence for use of an imitation firearm while committing robbery. He had pleaded guilty.
His sentenced was cut by four months.
Griffin said that while the judge mistakenly referred to Patterson as pointing the imitation firearm at the complainant, it “had no impact on the sentence for the robbery as the circumstances of the offence involved pulling out and racking the pistol and thereby causing the store clerk to fear for her safety.”
Further, the decision said, the judge did not err in his understanding of Patterson’s criminal record.
However, Griffin said, the repeal of the mandatory minimum one-year consecutive sentence for use of the imitation firearm before appeal requires a reconsideration of that portion of the sentence.
“The circumstances of the offence were less aggravating than in other cases where a one-year sentence was imposed,” she said. “An appropriate sentence is eight months consecutive to the sentence for robbery.”
The offence
Griffin said Patterson entered a Subway in Courtenay, B.C., on Aug. 16, 2020. His face was partially covered with a handkerchief.
He asked to use the washroom and after emerging, ordered a sandwich from the employee.
"When the time came to pay, he produced a firearm, racked it and said, 'Give me all the money,'" the Crown said. “[The complainant] then gave him $350 in cash and he ran out the door.”
The Crown said Patterson’s actions were intended to make the store clerk fear for her life.
Patterson was arrested soon after and confessed to the robbery.
Police did not recover the weapon.
An edited version of the appeal was released Oct. 18.
