Guilty of $27K smash and grab, man begs judge not to send him to prison

A man who robbed a Charlottetown clothing store after smashing through a window in what prosecutors called a "major heist"  has been sentenced to 10 months in jail.

Darren Donald Burke, 49, and another person used an axe and hammer to break into Island Activewear on University Avenue last September.

The incident was captured on the store's surveillance video.

Burke was on probation at the time and had cut the monitoring bracelet off his ankle minutes before the smash and grab, according to facts presented at a sentencing hearing Wednesday in provincial court in Charlottetown.

In addition to jail time, Burke was ordered to pay $27,351.52 in restitution.

"This was a major heist for Prince Edward Island," Crown prosecutor Lisa Goulden told court.

Goulden wanted Burke sentenced to 30 months in a federal penitentiary. She told court Burke's criminal record includes more than 70 convictions across Canada, including weapons and drug charges.

Burke, who had no lawyer present, begged the judge not to send him back to federal prison.

"I've been in jail pretty much my whole life," Burke told Judge John Douglas. "You can't imagine the shit I seen, pardon my language."

Burke argued he needs psychological treatment. He also took exception to the Crown's assertion that his robbery of the clothing store constituted a major heist.

You described yourself to a probation officer as dangerous and evil.— Judge John Douglas

The owners of the store, a married couple, had filed a victim impact statement with the court.

"Their world's been turned upside down," Goulden told court. "They used to take joy in running their business. Now they feel a loss of trust in people."

Burke had testified in his own defence at his criminal trial last fall. He has since filed an appeal of his conviction, and told court today that police violated his charter rights.

Investigators believe three people participated in the robbery, including one person who remained in a black pickup truck while Burke and his accomplice smashed their way into the store. No one but Burke has ever been charged. Burke has not said who was with him that night.

In handing down sentence Wednesday, the judge agreed that Burke needs psychological treatment and commended Burke for his candid statements. 

"You described yourself to a probation officer as dangerous and evil," Douglas told Burke. "That's unusual. You're open and honest."

Risk to re-offend

"I need help," Burke replied.

"However, you're at risk to re-offend," continued Douglas. "With a very, very long criminal record."

Burke has remained in custody since his arrest in September. The judge gave him credit for time served.

Burke will serve the remainder of his sentence, about two and a half months, in provincial jail.

Goulden says the Crown prosecutors' office may consider filing an appeal of the sentence.

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