Prosecutor David Kirk argued that 12 to 15 months in jail, followed by probation, would be the appropriate sentence.
Buttazzoni noted that store owner Albert Sewell has thrown up his hands and his businesses are broken into. judge made the observation after hearing from Sewell about the financial and personal impact of the crimes on him and his businesses.
Willson noted all the Gladue factors systemic factors in an aboriginal offender background apply to Hodgson.
While the Criminal Code does say that there should be similar sentences for similar offenders and offences, Buttazzoni said no evidence had been presented to him Puma Basket Trainers Sale about the co accused background.
Hodgson as illiterate. obviously has some learning disabilities. We are dealing with someone below average in cognitive ability. taking a two hour break to think about the lawyers submissions, Buttazzoni said no to the conditional sentence.
The message has to be sent about victimizing businesses in small communities, he said.
The only way to deter Hodgson and others is a jail sentence, Kirk said, disagreeing with a defence suggestion that Hodgson receive a conditional sentence.
Sewell said that since he opened his doors on July 23, 1994, he has had a total of 34 break ins and robberies, including five armed heists, three of which occurred in one month.
SAULT STE. MARIE
A recent spat of robberies at Sault Ste. Marie gas bars and convenience stores has put him on edge. to closing, he said.
that information it would be difficult for me to say this offender is similar, he said, adding a plea of guilt can have a significant impact on sentence.
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have to denounce the unlawful conduct that is a problem in a small community . if people are going to be breaking into these places there going to be a penalty, the assistant Crown attorney said.
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Lawyer Bruce Willson told the judge that a co accused had been given a conditional sentence (which is served in the community).
Hodgson lengthy record has a significant gap, with his last conviction in 2007 for a theft, he said.
The 35 year old man was found guilty of break and enter with the intent to commit an indictable offence and mischief at a trial that took place earlier.
Buttazzoni said a nine month jail term is appropriate.
He pointed to his client unfortunate upbringing, which included poverty, and physical, emotional and alcohol abuse.
He also owns a confectionery store located next door to his gas bar.
He estimated the bill for damages, stolen money and property, such as cigarettes, at $540,000.
months for Rankin burglary
When he imposed the custodial sentence, Ontario Court Justice Andrew Buttazzoni cited the need for denunciation, as well as general and specific deterrence.
The September 2011 occurrence, where his safe was ruined, cost him $4,400, he said.
A Batchewana First Nation man was imprisoned Friday for burglarizing a Rankin business that has been the target of break ins and robberies 34 times during the past eight years.
should be parity in sentencing, he said, adding the other man apparently has a more substantial record than his client.
worry about my workers big time, said Sewell, who employs about 15 people at the two stores.
As well, he said he doesn know the circumstances of the other man guilty pleas, what counsel told that judge and what factors were involved.
probably would have been 15 months, but for the numerous Gladue factors. Buttazzoni imposed the sentence, which will be followed by 12 months probation, Hodgson asked if there was anything that would change his mind.
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