Judge Michel Boudreault still has several weeks before sentencing fairer that should serve David Gignac for his involvement in the home invasion that led to the kidnapping of an elderly couple from Notre-Dame-de -Lorette in July, 2015.
The magistrate was reluctant to accept the joint submission of four years proposed by the defense and the Crown. Michel Boudreault insisted that the two prosecutors argue deeper to try to convince him that the minimum sentence was reasonable. He was far from convinced.
Perhaps the judgments of the Court of Appeal filed by the Crown attorney, Julie Villeneuve, could make him change his opinion. When a judge does not accept a joint submission, the case can be appealed. “In Verdi Douglas, a judgment that has very strong similarities with this cause, Fish J. quashed the sentence of first instance. Fish J. exposes different criteria to consider in addition the fact that the sentence be considered unreasonable, including that it must be contrary to the public interest, “she testified.
The judge rightly given the time to read registered case law before making a decision.
According Gignac of lawyer, Sebastien Talbot, confessions contributed to the public interest. They have helped to advance the investigation and indict other accomplices. It is a key indicator for the remaining procedures. “Denunciation is the strong point of this whole thing,” he said.
His sincere and convincing argument could also shake the judge. He recalled that the youth had had a difficult childhood, living in foster care until age 18. He always felt rejected. He started taking drugs at 14 years to reach the consumption of methamphetamines 10 per day at the age of 18.
“He found himself in the wrong place at the wrong time because of his naivety and his drug addiction,” argued driver, referring to the fact that the three robbers had the wrong house, 1 July 2015 when they arose in a house inhabited by an elderly couple.
As Gignac unpacked his bag when investigating release of an accomplice, Tommy Die-Bilodeau, Gignac passes for balance. What makes him through hell in prison. It is monitored on guard for not being beaten by inmates. “He wanted to settle quickly move on. Each time, he demonstrated his deep remorse for what happened. He remained a witness during the home invasion and refused to break a leg to the gentleman. I do not justify the crime that was not chic. We must consider that my client has a much lesser degree, “he said.
Although he agreed that his involvement is less, Boudreault J. considered this heinous crime and the determination of the appropriate sentence requires good thinking. The fruit of this reflection will be known on May 18 If he does not rank in the joint submission, the sentence could range from five to nine.