ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: CRIMJ(P)3515/09
DATE: 2012 06 20

B E T W E E N:

HER MAJESTY THE QUEEN

L. Di Giulio, for the Crown

• and -

KENNETH GOBIN

B. Pearson, for the Defence

Defendant

HEARD: June 14, 2012

REASONS FOR SENTENCE

HILL J.

INTRODUCTION

1On April 25, 2012, after a judge-alone trial, Kenneth Gobin was found guilty of robbery, using an imitation firearm to commit robbery, and committing robbery while masked. It falls to be determined what a fit sentence is for these crimes.

THE FACTS

2As the factual context of the offences was detailed in the court’s earlier reasons for judgment ( 2012 ONSC 2461 ), only summary reference is warranted here.

3On August 5, 2007, the 27-year-old victim, a teacher, arrived back at her house in Mississauga. She was alone. It was shortly after midnight.

4What the victim did not know was that she had been followed home by three persons – the offender, Chris Tran and Kenneth Decomarmond. They were in the offender’s mother’s car.

5The group’s intention was to take the victim’s car and to quickly transfer it, for money, to a fence handling stolen vehicles. On the offender’s evidence at trial, the victim was seen as an easy target because she was a woman. Her Toyota RAV4 was the type of vehicle desired by the black market. Mr. Gobin had smoked marihuana that evening. He was broke. He wanted to get high and to make some “easy money”.

6As the victim exited her vehicle, the offender and Tran came up the driveway behind her. Each had a replica firearm. Tran pointed his firearm at the victim and demanded her purse and car keys. At this point, the offender was at the passenger side of the RAV4.

7The two vehicles fled the area. After the victim was accosted, she ran frightened into her house and phoned the police. Within a few minutes, the police spotted the stolen vehicle. A short time later, Tran and the offender were arrested at gunpoint in an apartment building parking lot in the Weston Road/Lawrence Avenue area of Toronto. At the time, the offender had an imitation firearm in his waistband. Decomarmond got away in the offender’s mother’s car and was never apprehended.

VICTIM IMPACT STATEMENT

8The impact of the armed robbery has been profound. The victim no longer feels safe in her own home: “I have had enormous trouble feeling safe in what used to be (and what should always be) the safest places – at my home, in my driveway, in my car”. The victim has undergone therapy. Her lifestyle has changed dramatically.

THE CO-ACUSED

9At the date the offences were committed, Chris Tran was 16 years of age. After pleas of guilty to robbery and use of an imitation firearm to commit robbery, on March 6, 2009, Tran was sentenced in the Provincial Court to a total of about 5 months’ deferred custody.

THE OFFENDER

10At the time of the offences, the offender was 18 years of age. He is now 23.

11Mr. Gobin has a prior criminal record commencing in Youth Court when he was 17 years of age:

December 7, 2006 (Youth Court)

• assault • break & enter with intent

• with 7 days’ pre-sentence custody credit, 18 months’ probation & a 2-year weapons prohibition

[August 5, 2007

• current offences committed]

February 22, 2008

• assault • fail to attend court • possession of a weapon • fail to comply with recognizance

• concurrent on all charges, suspended sentence & 18 months’ probation & 5-year weapons prohibition

August 5, 2008

• breach of recognizance

• 9 days’ pre-sentence custody credit & 1 day

September 24, 2009

• breach of recognizance

• 10 days’ pre-sentence custody credit & 7 days

December 6, 2010

• assault with a weapon

• suspended sentence & 12 months’ probation

12... (continues exactly as in source)

Hill J.