Crown seeks 9 years in jail for home invasion. Judge considers newly discovered aboriginal heritage as a mitigating factor as well as lack of serious record.
Dylan Jackson, 23 of Doaktown, was arrested last March for a violent home invasion using a weapon. He and Joe Marquis kicked in the door at the Wanda Wood residence in Astle, and used a shotgun and a knife to threaten Wood, her son, and her son’s girlfriend while they stole items. Marquis and Jackson asked for money, drugs, gaming consoles and guns. They stole a pellet gun, a small amount of weed and some prescription meds. All the while with a shotgun held by Marquis pointed into Wood’s face, whole the other two victims were kicked and hit with the butt end of the gun. For unexplained reasons, the incident wasn't reported for a few weeks, and during that time the victims pieced together who they believed were the culprits.
Marquis pleaded guilty and was sentenced to 7 years in jail. Marquis, who is also 23, had a serious criminal record while Jackson also had priors, but they were not as serious.
Jackson maintained his not plead guilty and went ahead with a trial where his defence was to say that he was never identified by the victims, and that they gave his name to police after guessing who he might be. Marquis was arrested at the home of Jackson’s mother. Jackson eventually gave himself up after discussions with police.
Jackson was to be sentenced a few months ago, but at that time it was determined he had some aboriginal heritage, and because of that a new pre-sentence report had to be prepared. Jackson learned he was part native late in life, but his lawyer still argued that not not growing up with the support of his biological family made it necessary to examine and systemic effects that would have had on Jackson.
The crown was seeking 9 years for Jackson, saying he was not remorseful and put the victims through a trial. They said there were no mitigating factors at all, and that Marquis also had a tough upbringing.
Judge Mahoney disagreed and said she felt Jackson’s criminal record was significantly less than Marquis’, and that was a mitigating factor when comparing the potential sentence. She said she also took into consideration Jackson’s aboriginal heritage and that could have also had systemic influence on Jackson’s life.
She sentenced Jackson to 6.5 years, and also gave him credit for 531 days in remand. Jackson was responsible for damaging property at the Wood home, and Mahoney ordered stand alone restitution (Wood will have sue) to repay Wood for her losses. An unrepentant Jackson said he would rather do the time because he had no intention of repaying wood anything. “The restitution order stands,” said Mahoney.
Jackson was in court in Miramichi a few years ago and received a hefty fine for some bad behaviour at the Doaktown clinic. Jackson had been contacted by a worker there to let him know that he may have come in contact with a female who had been diagnosed with a sexually transmitted disease. Rather than being thankful, Jackson proceed to go to the clinic and confine and threaten the nurse in one of the examination rooms.