DENIED: Last chance to reduce sentence lost
By Jessica Wallace
(JENNIFER STAHN / iNFOnews.ca)
December 03, 2013 - 8:25 AM
KAMLOOPS - A man who was handed more jail-time than he expected after pleading guilty has also been denied his appeal.
David Jeffrey Tremblay was responsible for a 'one-man crime spree' in Kamloops and will serve the full sentence imposed by the courts, a Supreme Court of Appeal decision ruled last week. Tremblay committed nine offences over the span of about a week in May and June of this year, some of which were committed while on bail.
The first, on May 31, was for 'smash and grab' break and enters. Kamloops RCMP surveilled a local motel and caught him carrying stereo equipment into a room. A variety of property from recent break and enters was found in the room and resulted in the seizure of 45 items. On June 7, Tremblay broke curfew and just a few days later, he was caught with 11 stolen cell phones, wire cutters, cigarettes and an open bottle of rum.
Tremblay entered guilty pleas in the offences and expected a sentence of six months in jail by agreement with the Crown. However, the judge ruled against it on June 13 and handed Tremblay 10 months in jail — four more months that he thought he was getting behind bars.
The judge ruled the sentence could have been far worse had break and enter charges been entered.
"A six-month sentence for all of these property offences would not have the effect of deterring anybody if anybody knew that Mr. Tremblay, with this record, got that sentence," the judge ruled.
Tremblay appealed the sentence, alleging the judge erred in law by not explaining why he strayed from the recommended joint submission. He also alleged the judge erred by not advising counsel in advance he would depart from the joint submission.
However, the appeal was denied.
"A joint recommendation is not binding on a sentencing judge," the decision says. "The sentences reflect consideration of all of the sentencing principles."
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News from © InfoTel News Ltd, 2013