Alex Kurial/Local Journalism Initiative

“This was as close a call as I’ve made in my 10 years on the bench.”

Sarnia Superior Court Justice Jonathon George looked across the bench at Trenton Dupuis and told him he was “just a hair away from stepping into custody today for a relatively lengthy period of time.”

“In the end I decided not to do that, but it was close.”

Dupuis, 28, had been found guilty by George of armed robbery at the Circle K on Finch Drive in Sarnia. Wearing a mask and wielding a knife he forced a clerk to hand over $260 in lotto tickets.

Police found his discarded clothes and tested them for DNA and arrested Dupuis.
The Crown argued real prison time would “reflect the seriousness of what Mr. Dupuis did, taking into account his relative youth but also the fact that he is no stranger to the system.”

Dupuis has several prior convictions for drug and mischief crimes. George noted the weapon and disguise are aggravating and the clerk “must have been traumatized” by the incident.

The court heard Dupuis was addicted to fentanyl when the robbery took place. Defence Lawyer Ken Marley described the incident as a “very unsophisticated attempt… clearly done in an effort to secure drugs and support his addiction.” Since being arrested Marley says his client has made “dramatic efforts to address the underlying causes of his crime: his addiction.

“Incarcerating him will do not much more than to ensure that Mr. Dupuis slides back into the lifestyle he was leading.”

So George had to weigh Dupuis’ rehabilitation against sending a message this behaviour can’t be tolerated. “On the one hand committing a robbery, especially when armed with a weapon, will almost always lead to a period of incarceration… On the other hand, is it really the court’s function to knowingly set someone’s rehabilitative efforts back and act as an impediment?” he asked.

Ultimately George felt Dupuis’ actions to curb his fentanyl addiction were enough to give him a chance.

“As I sit here I am confident about two things. First that Mr. Dupuis is not a threat to public safety and second that he will abide by the terms of the conditional sentence order… I am mindful of the state he was in when he committed these offences which… is far different than the place he now finds himself in.”

“Mr. Dupuis and the public at large would be better served if he kicks his habit and leads a pro-social lifestyle. This may be cold comfort to the victim but in reality there is no way for me to restore that person to the place they occupied before they had to deal with Mr. Dupuis on that fateful night” says George.

Dupuis’ conditional sentence will run for 22 months, the first year under house arrest aside from going to work. The last 10 months include a 10 pm to 6 am curfew.

Two years of probation will follow. During his home confinement and probation Dupuis must take counselling, keep a job and not have any drugs or alcohol. He also can’t contact or go near the clerk, must pay back the $260 he stole and is banned from having any weapons for life.

“You committed a serious crime and for that you should be ashamed of yourself. And I think you are. However you should not carry that with you forever,” said George.

“There is a path forward for you. You have shown that you can achieve sobriety… It will require hard work and you will have to dedicate yourself to this for the rest of your life.”