Judge blasts defendant

‘A sentencing hearing isn’t all about you,’ Judge Mike Madden tells Stephen Sullivan

A provincial court judge had stern words Thursday morning for a 32-year-old man he was sentencing on charges of refusing the breathalyzer.

“You see, a sentencing hearing isn’t all about you,” Judge Mike Madden told Stephen Sullivan of Coley’s Point during his sentencing in St. John’s. “It means even if you take steps towards rehabilitation, it’s not always enough.

“Just because an individual does everything he can in terms of rehabilitation doesn’t mean he gets a get-out-of-jailfree card.”

Sullivan pleaded guilty to three charges from two separate incidents in July and October of 2016, one in St. John’s and the other in Mount Pearl: two counts of refusing the police breathalyzer and a count of breaching probation. The Crown withdrew two charges of impaired driving, given Sullivan’s guilty plea.

The court heard that Sullivan, who was represented by lawyer Jon Noonan, had long struggled with addictions issues, but had taken steps to overcome them and has been sober for the past 10 months.

His criminal record includes charges of assault, break and entry, robbery and property offences, but no prior impaired driving-related convictions.

“I see there have been a number of conditional sentences and probation orders in the past, which leads me to believe more than one judge has heard your story before, how you want to turn your life around and how you have a new awareness,” Madden said.

“You’re 10 months sober and that is to your credit, but 10 years of offences are staring me in the face and actions speak louder than words.

“Not everyone expects a person (overcoming addictions issues) to be perfect and to not fall off the wagon, but not everyone falls off the wagon like you and commits criminal acts,” Madden continued, noting Sullivan’s actions put the public at risk.

Noonan and Crown prosecutor Jude Hall had made a joint submission on Sullivan’s sentencing, suggesting a $1,000 fine and one year driving prohibition for each of the breathalyzer refusal charges, and time served — one day — for the breach of probation.

Sullivan turned his face to the ceiling and breathed a sigh of relief as Madden said he would accept the submission, though Madden added if it weren’t for the joint recommendation from the lawyers, he would have given Sullivan more jail time.