SAULT STE. MARIE — Andre Duplin will spend no further time behind bars for a brutal attack where he repeatedly slashed his nephew with a large machete inflicting numerous life-threatening injuries.
Ontario Court Justice Andrew Buttazzoni sentenced the 73-year-old man, who has been in custody since the June 7, 2016 assault, to time served — the equivalent of five and a half years. When he imposed the sentence Tuesday, the Sudbury judge also placed Duplin on probation for three years — the maximum period permitted under the Criminal Code of Canada.
Buttazzoni found him guilty in November 2018 of attempted murder for the unprovoked attack.
Just before the judge gave his decision, Duplin told him "I'm really sorry for what happened" and wiped tears from his eyes when he sat back down in the prisoner's box.
The Crown was seeking a 10-year sentence, while the defence had suggested time served, plus probation, would be appropriate. Buttazzoni said the range of sentence for an offence of this nature is between five to 15 years.
If there hadn't been any pre-sentence custody, he said he would have imposed a five-and-half-year prison term. "This is a tragic case. The relationship between two family members who were friends is now over."
Larry Paquette was sleeping in a recliner in his Aweres Township home when he awoke to his "favourite uncle" slashing his head with the machete. After he managed to push the older man away, he asked Duplin what was happening and his uncle replied "I'm going crazy." Paquette told him to go get help and then lost consciousness. "Fortunately" Duplin complied, Buttazzoni said, adding if he hadn't "I don't think Mr. Paquette would have survived."
The victim suffered seven blows to his head causing multiple fractures to his skull, and also received lacerations to his hands and two broken arms as he tried to defend himself from 15 more blows.
"The attack while brief was vicious. He was struck 22 times and has suffered permanent injuries," Buttazzoni said, as he outlined the aggravating factors in the unprovoked attack with an "imposing" weapon on a vulnerable victim. Paquette has both physical and emotional scars, the judge said, noting the victim had told the court of his "irrational fear" of Duplin coming back. "He lives in stress and fear on a daily basis."
Buttazzoni cited a number of mitigating factors, including Duplin's mental frailties and his consumption of a mixture of alcohol, marijuana and prescription medications at the time. He was co-operative with police and "I accept his remorse as genuine."
Referring to a pre-sentence report, the judge noted family members and others called Duplin's actions "out of character" and spoke highly of him. He was described as a "good and decent man," who appeared lost after the 2013 death of his long-time partner, struggled with daily tasks, and used alcohol as a coping method.
Duplin was gentle and non-violent, and those interviewed for the report called his actions "shocking" and said they didn't fit who he is as a person. Buttazzoni called him a "quintessential blue-collar working man" who wanted to provide for his family.
Duplin left school at an early age and was gainfully employed in the forest industry until he was injured in his early fifties. The judge noted from the pre-sentence report that "he appears to have no recollection" of the incident.
When Duplin was taken into custody he was taking a number of prescribed medications, and because of staff concerns at the jail he was hospitalized. Duplin's medications were subsequently adjusted and he was weaned off some of them.
An expert testified during the trial that with the combination of the medications, the six to seven beers Duplin consumed that night and two or three joints he smoked, he may have been cognitively impaired to make decisions. Buttazzoni said he is satisfied that the man's limitations and consumption of substances were contributing factors and diminished his moral culpability.
The court was told Duplin will be relocating to Alberta where his two children reside and will have family support there. The judge imposed numerous probation conditions, including requirements that Duplin take rehabilitation and counselling programs for anger management, substance abuse, life skills and psychiatric and psychological issues.
He also is prohibited from possessing weapons and consuming alcohol or other intoxicating substances.
EDITOR'S NOTE: SooToday does not permit comments on court stories.
