After robbing a local restaurant, his first stop was across the street to play the VLTs. His next stop will be a federal penitentiary for three years.
Justin Lee Charbonneau, 31, pleaded guilty April 2 to robbing the Westlock Subway restaurant and was sentenced in Westlock Provincial Court last Wednesday, June 4.
Judge Brian Fraser imposed the three-year sentence, the amount suggested by Crown prosecutor Veronica Alexander, and suggested he could have been persuaded to go as high as four years.
“I had to protect the public from you, which is why you’ve been separated,” he told Charbonneau.
Charbonneau’s sentence will effectively be 33 months after getting credit for three months he’s already spent in custody since his arrest.
At his April 2 court appearance, Crown prosecutor Jeff Morrison said Charbonneau had unsuccessfully attempted to rob the Movie World on Feb. 25 by pretending to have a gun. The employee was not taken in by the ruse, and kicked him out of the building.
About 20 minutes later, RCMP got a panic alarm alert from the Subway, where the employee feared for her safety and gave him the money he asked for — but his disguise slipped and he exposed his face.
Shortly after Westlock RCMP found him playing the video lottery machines in Ace’s Lounge across the street and was arrested without incident.
Alexander told Fraser a three-year prison sentence would be appropriate given all the circumstances, especially given the seriousness of the robbery itself — even though Charbonneau didn’t actually have a gun, his victim certainly did.
“Clearly the clerk at the Subway believed him, and believed whatever he held under his arm to threaten her was a weapon,” she said.
She also cited lengthy criminal record including several property-related convictions and another robbery conviction from 2010, for which Charbonneau got a two-year sentence.
Alexander noted that the person in charge of preparing a pre-sentence report found Charbonneau did not express any remorse for his actions, although she conceded there are addiction issues that have influenced his behaviour.
Defence lawyer Bruce Lennon argued a two-year sentence would be more appropriate, considering his client was not even aware of his actions at the time due to a combination of the prescription drugs he was taking and vodka.
“His recollection of the events are slim to none,” he said.
“I would suggest he’s less morally culpable in all the circumstances.”
Lennon pointed to the “very unsophisticated” nature of the robbery, suggesting that also reflects his mental state at the time.
Speaking for himself, Charbonneau apologized and said he wants to get his life back on track and to be there for his family.
“I am seriously sorry to the victims for what I did,” he said.
Fraser was not swayed by Lennon’s arguments or Charbonneau’s apology, noting he might have been if there was an indication the last two-year sentence resulted in Charbonneau changing his ways.
“That doesn’t seem to be the case. Since April 2010, this accused has been convicted on a regular basis,” he said.
Fraser also imposed a lifetime weapons prohibition and ordered Charbonneau to provide a DNA sample to police.
Charbonneau also entered a guilty plea to a theft charge for shoplifting on Feb. 24, and was sentenced to 30 days in jail.
Alexander said Charbonneau was in Sobeys that day, and had hidden some razors in his pants.
The alarm went off, and staff discovered he had about $39 worth of merchandise.
“It’s not a minor matter, in that he has a history of related offences,” Alexander said.
