A Corner Brook man who was convicted of attempting to rob the Tim Hortons restaurant on the Valley Mall parking lot with a knife in 2016 has had an appeal of his sentence dismissed.
Trevor Bourgeois pleaded guilty to attempted armed robbery and possession of a weapon for the purpose of committing an offence. He was sentenced in provincial court to a total of four years and six months in jail in March 2017.
The offence occurred on July 31, 2016. Bourgeois entered the restaurant at 6:15 a.m. with a large knife in his hand and walked up to the counter holding it in front of him and repeatedly demanded money.
The employees of the restaurant scattered. Bourgeois walked around the establishment for a short period of time and then left.
He was later arrested on Main Street after the Royal Newfoundland Constabulary received a complaint of a person walking on the street with a large knife in his hand.
Bourgeois applied to the Court of Appeal of Newfoundland and Labrador for leave to appeal his sentence.
A panel of three justices heard the appeal on Feb. 15 and their judgement to grant leave to appeal, and dismiss the appeal was rendered on March 1.
The issues under the appeal relate to the potential effect of Bourgeois’ mental health issues as a mitigating factor in sentencing and the provision of a pre-sentence report where the offender fails to participate adequately.
The written decision on the matter says that Bourgeois refused to participate in the pre-sentence report and offered no evidence regarding the effect of his mental health issues.
The decision says the trial judge had no information on which to adjust the sentence by reason of his mental health.
“In the result, Mr. Bourgeois’ mental health condition does not provide a basis on which to conclude that the trial judge erred in determining an appropriate sentence,” says the decision.
The decision also says that the trial judge reviewed relevant case authority when determining the sentence for the attempted robbery and in the circumstances, there is no basis on which to conclude that the trial judge erred in imposing a total sentence of four years imprisonment.