Prosecutor calls for 'real consequences' for man who robbed LCBO with a syringe

A judge will decide next month how much time William McDonald should spend behind bars for robbing a liquor store while armed with a syringe

Superior Court Justice Edward Gareau reserved his decision until Oct. 21 after hearing sentencing submissions Wednesday from the Crown and defence.

The 35-year-old man pleaded guilty earlier this year to robbery while armed with an offensive weapon.

Gareau heard the incident occurred Feb. 21, 2018 at the LCB0 in the Station Mall.

McDonald entered the store, selected a 40-ounce bottle of vodka and two 20-ouncers of rum, and attempted to leave without paying for the $100 worth of booze.

When an employee approached him, McDonald pulled a needle out of his pocket and said "if he touched him he would stab him," the judge was told.

Security cameras captured the incident, and Gareau viewed portions of a video and some still photos of what occurrred on Wednesday.

Noting McDonald's lengthy criminal record, with 53 convictions for offences that include break and enter, robbery, five thefts, eight frauds and three assaults, the Crown called for 18 months jail for this "serious offence."

"We don't want this kind of crime in our community,"  prosecutor Trent Wilson said,  citing the need to deter McDonald and others.

Robberies of this nature are prevalent and a problem in Sault Ste. Marie and the court should be looking at protecting people working in businesses.

The weapon use was brief "but when someone has something sharp or a needle it is going to invoke a state of fear," the assistant Crown attorney said.

McDonald didn't have a mask or a loaded shotgun, but when a needle is coupled with a threat it is a serious offence, Wilson said.

The court must think of protection of the community, and "there have to be real consequences."

Defence lawyer Eric McCooeye suggested the appropriate sentence would be 12 to 18 months, and the "court should gravitate to the lower range."

He called for time served (12 months), followed by 18 months probation.

In addition to credit for the time McDonald has spent in pre-sentence custody, his client should also be given credit for tlhe time he was on restrictive bail conditions, McCooeye said.

McDonald was confined to his residence and "in custody at his house for 10 months" unable to leave unless he was with his surety, his lawyer said.

With the credit of 272 days for his pre-sentence incarceration at the jail, plus 90 days for his bail situation, the total is 362 days __ "essentially a one-year sentence."

McCooeye said this was "a shoplifting that escalated to robbery" because his client uttered a threat to stab the clerk with the needle.

"There was no attempt to carry it out," he argued. "There was no actual violence involved."

The offence is the result of addiction, and there is possibility for rehabilitation,  McCooeye said.

He referred to a Gladue report, which was prepared for his client's sentencing.

Gladue, a Supreme Court of Canada ruling, requires a judge to take into account the life circumstances of an Indigenous offender

There are strong Gladue factors in McDonald's background __ including the effects of the residential school system, dislocation, and substance abuse, the lawyer said.

McDonald "suffers from the drinking culture" and has been diagnosed with psychiatric issues.

He pointed to a pre-sentence report that indicated McDonald has to deal with his addiction and the underlying issues that led to the addiction.

There is hope for McDonald and "paths available to him," McCooeye said.

Wilson agreed there is no question that McDonald has a difficult background and it should be taken into consideration.

"Ultimately rehabilitation is totally up to him."

He noted McDonald has been sentenced to probation 13 times for a total of 188 months,

"People stood on their heads to get him assistance and he never followed through," Wilson said.

McDonald told the judge he is taking responsibility for his actions and hopes he can get the proper help he needs.

"For months I was clouded by addiction and now I have had time to sit and think. I never knew I had had these opportunities out there ( through Batchewana First Nation)."

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