Nicholas Burns has little recollection of his actions on the New Year's night he car jacked a young woman's vehicle because he had blacked out from drinking too much alcohol, a judge was told Monday.
The 19-year-old man, described as deeply remorseful, ashamed and embarrassed, broke down when he spoke to Ontario Court Justice Melanie Dunn at his sentencing hearing.
"I just want you to know I've avoided alcohol in every possible way," he said, his voice cracking as he fought back tears. "I've not had a drop to drink (since his arrest)."
Burns pleaded guilty to four charges stemming from the Jan. 1 incident that occurred on Wellington Street East.
He was convicted of forcible confinement, assault, threatening bodily harm and mischief.
The court heard heard the woman was travelling along Wellington Street, near St. Mary's College, after driving her ill fiance home from a party, when Burns jumped in front of the car and got into the vehicle.
He told her it was Christmas Eve and that he wanted her to drive him home, prosecutor Mary Pascuzzi said.
When she told him to leave, he kept touching her arm and then grabbed her hair, threatening to smash her head against the steering wheel, the assistant Crown attorney said.
Burns then said he didn't trust her and ordered her to get out of the vehicle.
She waved down a car and called police.
The victim, who didn't know Burns, said she didn't think he was drunk, but thought maybe he was high, Pascuzzi said.
Her fiance had just installed a dash cam in the car that day, which helped identify the accused. As well, Burns left his licence in the car, the Crown said.
Defence counsel Michael Bennett said his client, who turned himself into police, has a sketchy memory of that night.
"Uppermost in his mind was remorse," and he immediately made full disclosure "as much as he could" after piecing events together, Bennett said.
Burns was "very concerned" about the victim, and wrote a letter of apology to her, which he gave to police.
He feared she would think she was targetted, but what occurred was a total random event, Bennett said.
In his letter, Burns told the woman that he didn't intend to harm her and apologized for his actions, saying "I hope you are okay."
Referring to a pre-sentence report, Bennett noted his client has no criminal record, is a good student and a hard worker who has been employed while attending Sault College.
Family called his behaviour that night as "totally out of character" and attributed it to consuming too much alcohol, Bennett said.
His girlfriend indicated he had experienced blackouts from drinking in the past, but only drank too much on rare occasions.
Bennett suggested that Burns receive an intermittent sentence of 45 to 60 days, which the young man would serve on weekends, so he can continue with his education or a conditional sentence, which would be served in the community.
Citing the need for general deterrence, Pascuzzi called for either an intermittent sentence (less than 90 days), or a lengthier conditional sentence, both to be followed by 12 months probation.
The Crown said she understands Burns' actions may have been out of character, but this has to be balanced against the impact on the victim.
The young woman, who is about the same age as Burns, has suffered emotional distress and has "an intense dread of driving at night."
Dunn reserved her decision on sentencing until Tuesday morning.
Previous SooToday coverage of this story:
Car jacker was sorry, court hears
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