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This article was published 14/9/2017 (278 days ago), so information in it may no longer be current.
Two men who admitted to a violent robbery at a convenience store were handed two very different sentences for their roles in the crime.
Jamie Donald Charles Dalkeith-Mackie and Raymond Blair Yaworski both pleaded guilty to robbery with violence and disguise with intent to commit crime on Sept. 7.
Yaworski was sentenced to three years in jail, with Dalkeith-Mackie received seven and a half months time served, followed by two years probation.
Judge John Combs determined their actions during the robbery and after their subsequent arrests, as well as their individual past convictions, justified the difference in sentences.
On April 9, 2016, Yaworski and Dalkeith-Mackie entered K&M Food Mart at 1601 10th St. with scarves covering their faces.
Yaworski approached the counter brandishing a knife and demanded cigarettes, while Dalkeith-Mackie stood by the door and acted as a lookout.
The store owner pulled out a baseball bat, which Yaworski grabbed and used to smash the cash register.
A scuffle between the two ensued and spilled out onto the street, where they both ended up on the ground.
While this was happening, Dalkeith-Mackie grabbed four packs of cigarettes and, along with Yaworski, tried to flee the store, but bystanders managed to apprehend the two until police arrived.
The store owner wasn’t seriously injured, but did complain of having some loose teeth after the fight.
When guilty pleas were entered in February, Dalkeith-Mackie disputed that he was involved with the planning of the robbery.
Ultimately, Combs said he found Dalkeith-Mackie was involved.
"He was part of the planning in that he disguised himself and knew Mr. Yaworski would be armed with a knife. However, his role in the crime was somewhat less than Mr. Yaworski’s as he acted as a lookout and did not engage in any physical altercations with the store owner," Combs said. "Mr. Yaworski brandished a knife, threatened the shop owner and became involved in a physical altercation where the shop owner was injured and property was damaged … these are all aggravating factors."
The robbery was fuelled by drug and alcohol addictions, Combs said, which can sometimes be a mitigating factor to consider while sentencing.
For Yaworski, however, Combs said it was an aggravating factor based on the fact that — despite expressing interest in treatment — Yaworski took no steps to access programming available to him.
"The fact that he has declined to engage in treatment while in custody is not a positive sign," Combs said.
Dalkeith-Mackie, on the other hand, has been enrolled in a treatment program since being released on bail Sept. 8, 2016.
Representatives from the program expressed via a letter that Dalkeith-Mackie was a model client, Combs said, and has not only become a peer support person in the program, but gained employment.
"Mr. Dalkeith-Mackie committed this crime while under the throws of an addiction to drugs, and I believe (him) when he asserts he was shocked that he would resort to such a crime to fuel his addiction," Combs said. "He has shown this by his actions subsequent to arrest. He’s availed himself of all programs available and taken advantage of the opportunity to get access to more intensive treatment … rehabilitation is an important factor."
Combs also looked back on both Dalkeith-Mackie and Yaworski’s prior records. Yaworski has been sentenced to theft-related crimes in the past, whereas Dalkeith-Mackie has not.
Combs did note the approximate 10-year gap between Yaworski’s convictions.
"Perhaps it shows a sign that Mr. Yaworski is capable of rehabilitating himself," Combs said.
Yaworski has 25 and a half months credit for time in custody, leaving him a little more than nine months left to serve, followed by a two-year supervised probation, and a lifetime weapons ban.
Dalkeith-Mackie has two years of supervised probation remaining and was given a 10-year weapons ban.
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