Bank heist teller freed after jail term reduced to 6 months saving her from deportation

A former bank teller who helped her boyfriend and his friends rob a Bank of Montrealat gunpoint will be released from jail today after having her sentence reduced to an "arguably lenient" six months in jail by the Alberta Court of Appeal.

Thursday's decision by the province's top court will alsosave KenzaBelakziz, 24,from being deported.

With thenew sentence,Belakziz will be released from jail right away, said her lawyer,Greg Dunn, because she'salready served just over four months, bringing her past her statutory release date.

"We are all thrilled and relieved with the result," said Dunn on behalf of the defence team and theBelakzizfamily.

"More importantly the decision of the Alberta Court of Appeal re-affirms the critical importance of plea bargains in making our justice system work."

• Teller involved in bank heist gets 18 months in jail despite plea for less time over deportation concern

Last year, Belakziz was convicted of conspiracy to commit robbery. But after her guilty plea, Justice David Gates rejected the six-month sentence proposed by the prosecution and defence and imposed an 18-month jail term.

Belakziz appealed the sentence and Dunn and prosecutorIwonaKukliczargued before the Court of Appeal on Monday.

The panel made its ruling Thursday.

• Teller involved in bank robbery at risk of deportation and should get lesser sentence, says lawyer

The panel ruled the proposed six-month sentence "was not so disconnected from the offence and the offender as to bring the administration of justice into disrepute."

Gates said the sentence was not within the appropriate range and felt it was"tailored for immigration factors" becauseBelakzizwas at risk of being deported to Morocco with any jail term over half a year.

Buta panel of three judges from Alberta's Court of Appeal ruledthe defence and the Crown were "entitled to take into account the severe collateral immigration consequence that would result from a sentence over six months."

"Deportation or the threat of deportation would be a particularly harsh consequence for [Belakziz]."

In November 2014,Belakzizworked at theBMObranch in the southwest community of Mission.She and her then-boyfriendSaleemNaseryand his friends cooked up a plan to rob the institution.BelakzizprovidedNasery with confidential information about the bank to help with the robbery.

Belakzizadmitted to givingNaseryinformation on thelayout of the bank, thesilent alarm, locations where money was stored and details onbait bills and dye packs.

Naseryand two others then robbed the institution in November 2014, tying up employees and holding them at gunpoint.

By the time the trio of robbers Nasery,Lucas Windsor and MatthewValdesleft the bank after 20 minuteswith about $12,000 in two bags, police had already set up outside.

Initially, investigators believedBelakzizwas a victim before they realized it was an inside job. She was charged a month later.

Never got citizenship

Belakziz pleaded guilty to conspiracy to commit robbery in October and signed a document confirming she understood the judge was not bound by the sentence proposed by the lawyers.

Originally from Morocco, Belakziz's family became Canadian citizens years ago but court heard she didn't. Asentence of more than six months would mean she was likely to be deported to Morocco, where she no longer has family.

Earlier this year, when Gates refused to accept the sentencethe lawyers had proposed, Belakziztried to back out of her plea, but the judge ruled she would not be allowed.

Gates ultimately imposed an 18-month sentence.

Some of the victims bank employees who had been zip-tied together and held hostage wrote statementsdescribing how the robbery traumatized them and changed their lives forever.

Naserypleaded guilty in October 2017 to robbery with a firearm, forcible confinement and wearing a disguise. He was sentencedto six years in prison, less time served.

The other robbers, Valdes andWindsor, pleaded guilty in 2015. Valdesreceived a 5-year sentence for his role while Windsor got a five-year, two-month prison term.

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