Maxwell Canning, 19, duct taped the 56-year-old victim, Edward Seymour — who has since died of unrelated causes — to his wheelchair, while another of the accused struck him in the face and head causing lacerations requiring sutures, according to information within the written sentencing decision of Justice Kendra Goulding.
While Canning searched the home for drugs and money, another of the accused pointed a pellet handgun at Seymour’s face, and “pistol whipped” him.
According to police at the time, five people were arrested in connection with the Nov. 21, 2015 home invasion in which three masked intruders allegedly committed the crime. Two others — a male over 18 and his girlfriend, who was under 18 — waited outside in a vehicle.
Canning, who reportedly was remorseful and did not participate in the assault, had no prior criminal record. Prospects for his rehabilitation were determined positive during the hearing held in court in Grand Falls-Windsor late last year. In her Jan. 16 sentencing, Goulding handed him 4 1/2 years in jail for the robbery, and 18 months on a confinement charge and 18 months on disguising himself with intent to commit the offence. The latter two sentences are to be served concurrently to the lengthier term. The sentence will be reduced by 625 days for time already served, leaving two years and 287 days.
Hatching the scheme
According to an agreed upon statement of facts, the group of young people were partying at a cabin when they came up with the plot to rob Seymour, who they believed sold marijuana out of his home, where he lived alone.
They believed he would have a large amount of drugs and money there. Only $110 and about three grams of marijuana were taken, and Canning — who was a resident of Mount Pearl visiting relatives in the area — received a share of $20.
Crown attorney Karen O’Reilly had asked for a sentence of six years in jail. Defence lawyer Jason Edwards suggested a four-year sentence was more appropriate.
While Goulding recognized a number of mitigating factors in the case, the seriousness of the crime was not lost upon her.
“An armed home invasion is a very serious and egregious crime with potentially fatal consequences for which offenders should expect to receive lengthy terms of imprisonment,” she wrote. “Protection of persons in the sanctity of their homes by imposing substantial sentences that clearly express denunciation is a paramount consideration.”
She referred to the planned and premeditated robbery as “unimaginable and shocking.”
The judge also said the possiblity Seymour was selling marijuana to young people did not diminish the crime.
“Mr. Seymour was a vulnerable, defenseless victim who did not deserve to be robbed and beaten in his home,” she wrote.
One young offender, whose identity is protected from publication, pleaded guilty and was sentenced to 175 days of closed custody, 88 days open custody, and two years probation. He served six months at the Whitbourne Youth Centre prior to sentencing. Others charged are awaiting trial.
