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BARRHEAD – A Barrhead man who kicked another individual in the head following a failed drug deal was sentenced last week to time served and a year of probation, which the judge acknowledged was “frankly a gift.”
In Barrhead Court of Justice June 13, Bobby Charles Desrochers, 26, pleaded guilty to assault and failing to appear in court.
Justice Gregory Rice sentenced Desrochers to 30 days in jail and 12 months of probation for the assault and a $200 fine for the failing to appear charge, which was in line with the joint submission from the Crown and defence.
Defence lawyer Patrick Edgerton-McGhan said Desrochers had 59 days in custody and asked to use 20 of those days to effectively cover off his sentence, noting that his client still had matters to deal with out of Edmonton.
During that period of probation, Desrochers must follow conditions such as keeping the peace, reporting to a probation officer, attending counseling or treatment as directed by probation, and having no contact with the victim or attending their residence, workplace or place of worship.
Justice Rice also ordered that Desrochers complete 75 hours of community service by next April, noting that he found the joint submission to be “on the super low end” of what he could hand down as a sentence.
“This could have been so much worse,” said Justice Rice.
Crown prosecutor Anthony Estephan said that on May 22, 2021, the victim contacted another individual asking if they could meet so he could purchase cocaine.
The victim went to meet the second individual at his residence, but before any drugs or money could be exchanged, two others arrived and demanded that the victim pay them for other cocaine purchases.
When the victim admitted he didn’t have any money, one of the two latecomers punched him in the head, knocking him to the floor. Estephan said the victim was repeatedly punched and eventually blacked out.
Estephan said when he regained consciousness, the victim was told to stay on the floor. It was at this point that Desrochers kicked the victim in the head, saying that the victim had lied to him. (The Crown did not indicate why Desrochers was at the residence or if he had arrived before or after the victim.)
Estephan said the victim, who sustained injuries to head, face and ribs, was taken to the Barrhead Healthcare Centre and later provided a statement to a constable.
He then failed to make a docket appearance in Barrhead Court of Justice Jan. 24, 2023.
Estephan noted that Desrochers had no criminal record and was taking responsibility for his actions by entering a guilty plea.
While it was aggravating that he kicked the victim in the head while he was down, Estephan said this was just one kick that they were dealing with.
Justice Rice said he always follows joint submissions unless they put the system of justice in disrepute, but he found the recommended 30-day sentence and 12 months’ probation “troubling for a couple of reasons.”
He also noted that this assault occurred in the context of a drug deal, and while Desrochers didn't take part in the initial beating, he did kick him in the head after he regained consciousness.
He also took note to victim impact statements filed by both the victim and his mother, both of whom admitted to feeling anxiety following the assault.
“Look, I have an assault charge before me. That’s what has been pled to, so I’m going to look at it in this area. But really, this could have been so much worse.”
Ultimately, Justice Rice said he could live with the sentence by adding a period of community service, which the defence acknowledged wouldn’t be particularly punitive.
