Judge dubious of proposed sentence for robbery
A joint submission from the defence and Crown seeking a seven-year sentence for Owen Jacob Cazes, who was convicted of 13 charges, including armed robbery with a sawed-off shotgun, provoked a spirited discussion with Ontario Superior Court Justice Kirk Munroe Thursday.
The 28-year-old Cazes, who has a lengthy criminal record but no previous firearms convictions, caused Munroe to wonder whether seven years was an appropriate sentence.
“My concern is he doesn’t have anything planned to go in a different way,” said Munroe, noting Cazes had not taken advantage of past opportunities to reform himself.
“He could go to jail, come out and do the same thing again. There comes a time when, for the safety of the public, something has to be done. We don’t want any more victims sitting in this courtroom.”
The 28-year-old Cazes has a history of drug addiction and mental illness. He is also facing unresolved drug and firearms charges in Sarnia.
In addition to armed robbery, he was found guilty of pointing and careless use of a firearm and possession of stolen property exceeding $5,000.
Several of the other convictions are related to weapons prohibition orders made in previous court appearances.
The debate was rooted in defence attorney Neil Rooke’s citation of a Supreme Court of Canada case on whether the impact on sentencing and joint submissions should apply in Caves’ situation after he was found guilty.
There’s was no plea bargain in Cazes’ case, causing Munroe to ask why there should be such consideration when the defendant hadn’t given up anything with a plea bargain.
That prompted assistant Crown attorney Jayme Lesperance to argue in support of Rooke’s position based on the two sides agreeing to a higher-range sentence.
The pair offered a number of cases — many with shots being fired and involving planning — where sentences were actually lower.
However, Munroe initially didn’t seem overly sympathetic to that line of reasoning.
“Having a shotgun shoved in your face is not pleasant,” Munroe replied.
Lesperance also pointed out precedent emphasizes a first penitentiary sentence should be no longer than necessary. The two attorneys said Cazes expected time at Kingston Penitentiary would offer him the first opportunity at sustained rehab and education opportunities.
The two victims in the Christmas Eve robbery and attempted car jacking watched the proceedings from the front row. With their memories of the incident still fresh, they quietly reacted with mixed emotions to the proceedings.
They reacted with surprise when Cazes turned to face them and apologize for endangering them.
“You didn’t deserve that, especially your children didn’t deserve to be put in that situation,” Cazes said. “My mental health and addiction issues are no excuse for what happened.”
Munroe will pass sentence on March 9.