PENTICTON - The man accused in what a Penticton judge referred to as a “brutal" knife attack on a pizza deliverer was sentenced in court this morning
Dayne Douglas Jones will serve a year in prison for attacking Canadian 2 for 1 Pizza delivery driver Brian Booth at Jones’ Westminster Avenue apartment on Dec. 14, 2015.
Judge Gale Sinclair said at sentencing in Penticton court this morning, March 3, the victim suffered cuts to his face and head that required 30 stitches to close. He said the victim suffered physically, financially and psychologically from the attack. Jones entered guilty pleas to assault with a weapon and willfully resisting or obstructing a police officer on Feb. 21.
When arrested, Jones was belligerent, combative and argumentative, court heard. When sober the following day, he said the attack on Booth with the box cutter was a reflexive action because he thought he was going to be attacked by Booth, but the judge said there was no evidence as to what exactly occurred at Jones’s apartment.
“Little turns on that. The accused, in his intoxicated state, chided the police for bringing their guns to a knife fight. Likewise, I chide the accused for bringing a knife to what should have been, at worst, a fist fight, what should have been nothing at all other than a transaction involving a pizza,” Judge Sinclair stated.
The judge also noted Jones’ successful attempts to rehabilitate himself, calling the incident a "catalyst to change," and a "wake up call" for the accused.
In determining Jones’ sentence, Judge Sinclair said, “What I have had to grapple with… is how to balance the fact the accused has basically rehabilitated himself with other sentencing principles in order to determine a fit and proper sentence,” adding that Jones has done “quite an amazing job of rehabilitating himself,” by being drug and alcohol free since the day following the offences.
The judge also noted he continued to meet regularly with counsellors, took rehab programs and showed genuine remorse for his actions.
“That’s not the end of the story. On the other hand, what occurred on Dec. 14, 2015 was, in a word, brutal,” Judge Sinclair said, adding courts must protect vulnerable persons such as convenience store clerks and pizza deliverers.
“They deliver to residences where they have no idea what, or who, they might encounter,” he said.
“Given this case, and doing my best to balance the commendable rehabilitation steps taken by the accused of his own volition, against the need… for denunciation and deterrents, and the type of behaviour that occurred, I find this is not a case where there is any other available sanction than imprisonment,” said the judge.
Jones will serve one year in jail, followed by 18 months probation.
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