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Roberts sentenced to 105 days in jail for assaulting a peace officer

While the actual assault on a Corner Brook police officer could be considered at the lower end of the scale in terms of seriousness, it didn’t stop a Corner Brook judge from sending Benjamin Roberts to jail for 105 days on Monday.

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Benny Roberts is seen in provincial court in Corner Brook prior to his sentencing on Monday. — Star photo by Diane Crocker

Roberts, 34, was charged April 29, 2014 with assaulting a peace officer and failure to comply with a probation order. The charges stem from an investigation into suspicious activity. Roberts kicked the Royal Newfoundland Constabulary officer as he resisted arrest.

Roberts pled guilty to the charges just before the start of his trial during an earlier appearance and the matter was set for a sentencing hearing on Monday.

Crown attorney Adam Sparkes had asked Judge Kymil Howe to sentence Roberts to about four months in jail for the offences and tendered his 14-page criminal record, that includes several prior convictions for assaulting peace officers, as supporting evidence for jail time.

Roberts’ legal aid lawyer, Sylina Jones, asked Howe to consider the seriousness of the assault and to sentence her client to a conditional sentence to be served in the community.

Roberts said he was sorry for what he did and told the court there is no excuse for his actions that day.

“Please take pity on me,” he said when he addressed the court. “I’m too old for this now — 34. It’s about time I smartened up.”

After taking time to decide an appropriate sentence, Howe said there are too many stories being heard these days of peace officers being assaulted, severely attacked or even killed and measures need to be taken to protect them and to deter those who cause or may cause them harm.

She noted that the April arrest came less than a month after Roberts had been released from jail on a four-month sentence imposed in January.

Howe said a conditional sentence only works if the person sentenced has the ability for self control and has a respect for the terms of the order and the people who enforce them.

Sadly, she said, Roberts’ arrest after just being released from jail demonstrates the opposite to her.

“Something is not working here,” she said.”

Howe sentenced Roberts to 60 days on the assault charge and 45 days on the breach of the probation order. A charge of possession of a weapon for a dangerous purpose was withdrawn. Roberts was also ordered to pay a total $200 victim fine surcharge, $100 for each charge.

His previous probation order will also still be in effect at the completion of this sentence.

Twitter: WS_DianeCrocker

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