Following a bizarre encounter in which a stranger attacked a man who was tobogganing with his two-year-old son, the accused will spend three further months in jail.
Kevin Robillard appeared in Estevan provincial court on Feb. 4 via videolink, having previously pleaded guilty to assault with a weapon. Robillard is currently serving a 110-day sentence that began on Jan. 11.
The incident in question happened on Dec. 18, while Robillard was walking his 65-pound dog, and he encountered the victim sledding with his son. The dog wasn't on a leash, and the victim demonstrated some concern over the unleashed dog to Robillard.
After a verbal disagreement between the two, Robillard began to use his metal dog leash as a whip, striking the victim several times, causing severe bruising beneath the victim's winter coat.
In order to protect his son, the victim distanced himself from the boy during the attack as he was being struck.
Robillard then left the scene with his dog. When police approached him later, he denied the events and gave a false name, leading to an obstruction of justice charge as well.
In giving his decision, Judge Karl Bazin noted Robillard's criminal record dates back to 1983 and includes assault causing bodily harm convictions.
The Crown and defence presented a joint submission for Bazin to consider in sentencing. They called for a two-month jail sentence, served concurrently with his previous jail sentence.
Bazin said the submissions were made without full knowledge of the charges that were part of Robillard's Jan. 11 sentencing in Regina. Seven separate charges led to that sentence.
Bazin noted aggravating factors were that the incident involved a weapon and occurred in front of a child in a residential area that is often filled with children. Bazin also noted it was an attack on a stranger, not someone Robillard knew.
"Mr. Robillard has had numerous chances over the years to take steps and stay out of trouble," said Bazin. "His record shows little respect for the law. As in this case, which is an unprovoked attack, on a father with his two-year-old son, I find that a concurrent sentence of two months will have no practical consequences."
He said it would have no deterrent effect on Robillard.
Bazin sentenced Robillard to a three-month consecutive jail sentence. Following jail time, he will be subject to a one-year probation order in which he is to have no contact with the victim. He must also provide a DNA sample.
In other proceedings, an Oxbow youth appeared in custody during court on Monday for a sentencing hearing.
The 17-year-old is guilty of a number of charges, including possessing a banned substance, motor vehicle theft, break and enter and dangerous driving.
The possession charge stems from an incident in which he was found with 39 or 40 morphine pills, with a street value between $800 and $1,600. A brother of one of his friends had a prescription that he no longer needed, and the friend gave the youth the pills when he offered to sell them.
Other charges came from when he was released from a previous custodial sentence of five months.
Shortly after he was released, the youth was asked to leave a youth shelter he was staying at in Regina and eventually made his way to Camrose. After his opportunities there didn't pan out, Social Services booked a bus ticket for him to come back to Regina.
The youth didn't pick up his ticket, as he decided to steal a car and drive it back to Oxbow instead. It was this car that the Crown prosecutor said "led him onto a series of adventures."
After picking up a co-accused, he and the other youth led the RCMP on a chase, which the police abandoned. The youth decided to ditch the car and he broke into a Viterra shed. When he was found there by an employee, he fled, making his way to a farmyard where he stole a truck.
While attempting to drive back to Alberta, the RCMP caught up to him, and he again led them on a chase. The youth reached speeds of 180 km/h, before a spike belt was laid out on the road. After hitting that, he and the co-accused youth fled into a field, where they were caught by police dogs.
The Crown suggested a further custodial term of between six and 12 months would be appropriate, but the youth's Legal Aid defence suggested it would be illegal to sentence the youth to jail time. He said the only option under the Youth Criminal Justice Act is for a community sentence, noting that the youth only served a custodial sentence previously because there were threats involved.
The matter was adjourned to March 4, so both sides can submit case law supporting their arguments.
