November 27, 2012 - 12:13 PM
Frank McDermott pleaded guilty, Nov. 27 to assault with a weapon and was sentenced to eight months in prison less the 92 days he has already served.
There were no injuries following the assault by McDermott at the McDonald's restaurant on Victoria Street with a seven-inch knife.
While Crown prosecutor Stephen Lawhead and defence lawyer Jeremy Jensen agreed upon sentencing, B.C. Supreme Court Justice Dev Dley said the troubling part was the timing of the offence, noting it was within days of being released from incarceration for another offence.
Lawhead expressed concern over McDermott's past, citing violent crimes, and a history with weapons and of assault.
"It's fair to say Mr. McDermott has a lengthy and disturbing criminal record," he said.
The defense said the sentence would be fair considering McDermott's upbringing.
Jensen said McDermott was born on East Hastings in Vancouver, spent most of his life in and out of foster homes and began experimenting with drugs and alcohol at the age of 10.
"He spent the majority of his adult life incarcerated," he said.
Jensen also added that McDermott's goal is to seek residence and get off the streets when he is released from prison.
McDermott has also been sentenced to serve one year probation, have no contact with those involved, not attend the McDonald's on Victoria Street where the incident took place, have a lifetime ban on firearms and have no possession of a knife outside of his home unless it is for food or employment purposes.
— Jessica Wallace
News from © InfoTel News Ltd, 2012