Pandemic won't lessen sentence for Corner Brook crime spree, judge says

Before sentencing a Corner Brook man last week, Judge Wayne Gorman explained what he couldn't do: hand down a shortened sentence or house arrest because of the COVID-19 pandemic.

"A pandemic has no effect on the principles or purposes of sentencing. It cannot turn an inappropriate sentence into an appropriate one," Gorman wrote in his decision. 

"An offender who constitute a danger to the public cannot be sentenced to a non-custodial sentence solely because incarceration might increase her or his susceptibility to the virus that underpins the pandemic."

And though Troy Day is only 19 years old, Gorman said he poses "a significant danger to the public."

Day's crime spree began in early November, when he left the White Bay Convenience Store in Hampden without paying for $55.43 worth of gas that he put into a vehicle he stole from his landlady.

But it was his crimes nine days later, on Nov. 14, that really got the Royal Newfoundland Constabulary's attention.

He began by stealing items — a basketball, headphones, shoes and gloves — from Walmart in Corner Brook.

Day continued on from that theft to a home on Clarence Street, where he forced open a door and ransacked a bedroom. By doing so, he knocked over a portable heater, which ignited some bedsheets.

Day left that house with a man's wallet, U.S. money, a knife, and a box of cigars, which would later be found in a second vehicle that he stole.

Hugged clerk after holding her up

He didn't stop there, but headed to Tweed with a white kerchief covering his face and his new stolen knife in his pocket.

Day couldn't get inside the marijuana dispensary so he headed to Country Road Convenience Store in Corner Brook. 

With his face covered and knife in his hand, Day walked behind the cash register counter and demanded cash, beer and cigarettes from the lone woman working in the store.

He hugged the employee as he left.

The court decision said a Royal Newfoundland Constabulary constable tracked down Day's stolen vehicle but Day wouldn't stop until after he had driven into a ditch.

Day yelled at the officer to "Shoot me. Kill me," before lunging at him. Gorman noted that as the officer was putting his sidearm back into its holster, Day punched him in the face and then ran.

Day was later arrested at Western Memorial Hospital, and he ultimately entered guilty pleas to 20 charges

99% chance of reoffending

A pre-sentence report indicates Day was raised in Brown's Arm and has five siblings. 

He provided few details on his upbringing, only that he started smoking at age 11 and that his parents often fought before they separated.

In this case, Mr. Day committed a number of serious offences. He has a history of doing so,​​​​​​.- Judge Wayne Gorman

The woman who completed the pre-sentence report said, "Mr. Day has approximately a 99 per cent chance of recidivating."

"In this case, Mr. Day committed a number of serious offences. He has a history of doing so," wrote Gorman. "A clear pattern of the commission of offences that endanger the public exists."

The Crown has asked for a sentence of four to four and a half years i

n federal prison, while the defence, citing Day's addictions problem, asked for a four-year term.

Gorman, however, opted to sentence Day to five years in prison

Read more from CBC Newfoundland and Labrador