PENTICTON - A Penticton man who held up several youth at knifepoint while on a five-day drinking binge two summers ago will face jail time.
Kody Joseph Jack was sentenced in Penticton Provincial Court yesterday, Nov. 16, to nine months jail time on three counts of robbery and one count of uttering threats.
The charges stem from a confrontation with four youths in front of Landmark Theatres in Penticton on July 19, 2014, Crown Prosecutor Kurt Froehlich told court.
Jack, who was drunk at the time, held a large blade knife to the face and neck of one of the four, demanding money. He made off with a handful of cash and an iPhone, threatening to kill anyone who spoke of the incident.
Jack was arrested a few days later, and released on a promise to appear. He was arrested again on October 3, 2015 for breaching bail conditions and held until October 24.
Froehlich described Jack’s upbringing in a chaotic and abusive household, noting the 27-year-old’s significant struggle with alcohol. He said Jack also suffered from Attention Deficit Hyperactivity Disorder as well as depression.
Froehlich read victim impact statements of the incident, noting the youths involved in the mugging all experienced “profound psychological impacts” as a result of the incident. They expressed fears of going out at night and feelings of having to constantly “look over their shoulder” when out in public.
He also noted Jack’s use of a large knife to subdue his victims by holding it to one of their throats.
He asked Judge Gale Sinclair for a 12 -16 months jail sentence, followed by two years probation for the offence.
Defence lawyer Robert Maxwell noted Jack’s relatively clean criminal record, his chaotic upbringing and the fact Jack’s grandfather had taken him into his business on the Penticton Indian Reserve, providing him with employment, as reasons for a reduced sentence.
“He feels bad about what happened, he was drinking and doesn’t remember,” Maxwell told court, adding he felt there was was some psychological impact on the victims, but perhaps not as much as prosecution was indicating. He asked Judge Sinclair for time served and a two-year suspended sentence for his client.
Judge Sinclair noted the accused’s aboriginal background and disadvantaged upbringing, but found Jack’s use of a knife to commit the robberies troubling.
“There has to be prison time because of the nature of the crime,” he said, adding the sentence would be tempered as a result of Jack’s native background.
Jack received nine months' prison followed by two years on probation. With time served, he has eight months remaining.
He was also ordered to take counselling, and will be subject to a 10-year firearm ban, in addition to a $200 victim surcharge on three counts of robbery. Judge Sinclair did not institute a restitution order for the victims because it was uncertain exactly how much money Jack took from the youths.
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