Millroy: Giving people second chances, but…

I said a while back that I was not known as a guy who was in favour of hanging them high and hanging them often when it comes to those committing criminal offences.

I’m beginning to wonder about that claim because I seem to be leaning the other way at the moment.

In making that claim I was about to take off on the plea bargain accorded William Ross and Glen Pelchat, who had their first-degree-murder charges in the death of Elmer Tangie lowered to manslaughter, which usually means lighter sentences and no life-time parole that a conviction on a charge of second-degree would bring.

Ross last week was sentenced to 10 years and five months in prison by Justice Romuald Kwolek while Pelchat, who played a lesser role in the death of Tangie, received a sentence of three years and eight months.

Although the sentence against Ross is at least substantial, I still believe the charge against him should have been second-degree murder rather than manslaughter.

Now I have another one that I think the Crown Attorney’s office is treating far too lightly.
Ontario Court Justice John Condon said in court here last week that he “was struggling” with the house-arrest submission the Crown and defence put to him in regard to Owen Boudreau, a 21-year-old who had applied a ferocious beating to his female partner in October 2022.
Condon isn’t alone in being puzzled.

Anyone who read the story in The Sault Star about the incident has to be thinking the same thing.
I know I am.

Following are the facts as quoted in the story.

During an argument, Boudreau grabbed the woman by the sweater and pulled her to the ground, Assistant Crown Attorney Adrianna Mucciarelli was quoted as saying.

Boudreau then put his hands around her neck and lifted her up against a wall. He spat in her face, threw her to the floor again, kicked the woman and spat in her face a second time. Boudreau then put his hand around her neck, grabbed a toaster oven, lifted it above his head and threw the appliance at the female. He kicked her again and when she tried to leave the unit, he blocked her exit.

The woman suffered a neck injury and three discs in her back came out of place. She suffered a concussion during the assault and then post-concussion syndrome.

Mucciarelli told the court the woman suffered serious injuries from the assault.
“It has altered her life,” she said.
Then she said a jail sentence served in the community “is fair and fit.”
Maybe in some fantasy world, surely not in this one.
You beat the hell out of anyone and all you are going to get is six months of house arrest? Come on, get real.

Boudreau deserves a jail sentence, plain and simple, not simply a full house arrest for the first half of his sentence and a 7 p.m. to 7 a.m. curfew for the latter half.

Defence counsel Adrianna Hagan told the court Boudreau had never been before the court system and said he said he would never be there again.

I don’t see how that matters. If you haven’t been before a court before and it is your first time shooting someone and you say you won’t shoot anyone again, should you get a pass on that too?
If this plea deal goes through, I’m sure the police will be asking themselves, as they probably do with the result in many cases, why did we bother making an arrest?

And what about the victim. Her life has been altered, as the Crown acknowledged, yet I can’t see any justice for her in this plea deal. Or for the public, for that matter.

I realize Boudreau is young and a jail sentence could have an adverse effect on his life, but his victim’s life is going to be adversely affected too.

I am all for giving people second chances but I also believe that this should come after they have paid their dues for the crimes they committed.

I can also understand the Crown’s seeming love of plea deals. After all, they do cut down on the time and expense that trials cost the system.

But in the end, shouldn’t it all come down to justice? I just don’t see justice being served with this plea bargain.

I take heart from the judge’s comments, made before he ordered a pre-sentence report for Boudreau, who will be back in court on July 3.

Condon told Mucciarelli and Hagan he “would struggle” with a six-month conditional sentence if Boudreau had assaulted a complete stranger and left the victim with “probably lifelong psychological efects.”

He said the suggested sentence is hardly going to be implemented given Boudreau’s work schedule, which is 14 days on and 14 days off at Musselwhite Mine near Kenora, because there is no way it could be enforced.

“I’m having real trouble with this joint position,” he said.
Well, he is the one who can do something about it and from his comment that the suggested sentence is hardly going to be implemented, it appears that he will. We can only hope.

Although judges in most cases accept plea bargains, there is nothing to say they have to. If they don’t believe justice is being served, they can reject what is placed before them.
This one should be rejected.

2 thoughts on “Millroy: Giving people second chances, but…

  1. The justice system under the corrupt crooked Fiberals is criminal in itself and needs to go now.

    1. You’re raging against the wrong level of government Nellie. The Crown Attorney is employed by the PROVINCIAL (i.e Doug Ford’s Ontario) Ministry of the Attorney General.

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