Carbonear man sentenced to six months in jail
WARNING: This story contains some language that might offend.
He was driving while disqualified, unwilling to submit to a breathalyser test, and speaking in an extremely rude and offensive manner towards an arresting officer.
Now Carbonear resident Francis Hogan has six months in jail to think about his actions. The 51-year-old was sentenced last Wednesday at Harbour Grace provincial court to 180 days in prison. He pleaded guilty to five charges — driving while disqualified, uttering threats, refusing to provide a breath sample, and two counts of breaching court orders. Ten other charges were dropped.
Hogan was arrested last September after police received a complaint about an erratic driver on an all-terrain vehicle in Carbonear. According to the agreed statement of facts read in court prior to sentencing, Hogan told the officer he had a couple of drinks earlier. He was not legally permitted to drive at the time of the incident. Eventually the officer asked Hogan to step off his vehicle.
Over the course of their encounter, Hogan became very agitated and verbally lashed out at the female officer. He referred to her as Ms. Piggy, told her to “suck (his) arse,” “eat a dick,” and at one point suggested he would “cut you like a fish.” He refused to provide a breath sample.
He had previous convictions for impaired driving, so the refusing the breathalyser charge carried with it a mandatory minimum sentence of 120 days. Through a joint submission by defence lawyer Jerome Kennedy and Crown prosecutor Robin Singleton, Hogan also received 30 days for driving while disqualified plus 10 days for each of the remaining three guilty pleas.
“It’s clear he’s not received the message from his previous conviction — driving is a privilege, not a right,” said Singleton.
Kennedy noted alcohol tends to get his client in trouble with the law. Addressing the court himself, Hogan admitted he’s struggled to find a cure for his problem. He apologized for his behaviour and told the court he holds himself responsible for his actions.
Judge Jacqueline Brazil said she believed Hogan was genuinely remorseful and was not the same person he was that day last September when he stood before the court Wednesday. She also noted the facts of the case were serious and Hogan showed a lot of disrespect towards the police officer.
In addition to the jail sentence, Hogan will be prohibited from driving for five years.
Francis Hogan is shown seated at Harbour Grace provincial court. Last week, a judge sentenced the Carbonear resident to 180 days in prison.