Thursday April 24, 2014

Judge upholds stolen property sentence of 10 months

'It is not unduly harsh or disproportionate'

An offender who pleaded guilty to nine different charges this year and was given 10 months jail failed to overturn his sentence on appeal.

Provincial court judge Hermann Rohrmoser sentenced David Tremblay in June to 10 months jail followed by probation. That sentence came after the Crown and defence jointly proposed a six-month sentence for Tremblay.

Tremblay appealed Rohrmoser’s sentencing decision to the B.C.. Supreme Court. He was represented by defence lawyer and TRU law professor Micah Rankin.

Tremblay was busted by Kamloops RCMP in possession of clothing from Runner's Sole, rims from Big O Tire and items from a Vernon western store found at a local hotel room on May 31. He was under police surveillance.

Tremblay was released on bail but an early morning curfew check days later found he was not at his mother's house, part of his bail conditions.

When police arrested him on a warrant, they found Tremblay with nearly $5,000 worth of cellphones recently stolen from Andre's Audiotronic.

Rankin argued Rohrmoser erred by not fully explaining his decision to add four months to the proposed joint submission. Rankin also said Rohrmoser made an error by not indicating to lawyers beforehand that he would not go along with their joint submission.

But B.C. Supreme Court justice Sheri Donegan said the sentence levied by Rohrmoser, who has since retired, was not unreasonable.

“The combined period of incarceration for these nine offences in the circumstances of this case and this offender is, in my view, proportionate to the gravity of the offences and the degree of responsibility of the offender,” Donegan wrote.

“It is not unduly harsh or disproportionate.”

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