BY KEITH LACEY
Stating the community demands harsh sentences for repeat violent offenders involved in robbing vulnerable convenience store employees, a veteran judge sentenced Jason Tolkacz, 21, to three years in a federal penitentiary Thursday.
Justice Robert Del Frate said ?the community will not tolerate this kind of criminal activity...a slap on the wrist is not enough? in sentencing Tolkacz for a botched armed robbery of a West End convenience store Aug. 13, 2003. The store owner was pepper-sprayed and her son stabbed three times when he tried to intervene during the robbery.
The penitentiary term is on top of nine months Tolkacz has spent in pre-trial custody. Del Frate also ordered Tolkacz submit a DNA sample for a national crime bank and prohibited him from owning or possessing weapons for 10 years after his release.
Even though the stab wounds to the young man were superficial and the store owner wasn?t injured, both suffered serious psychological scars from this robbery and people who rob easy targets like convenience stores will be punished harshly, especially when they have long criminal records for related crimes, said Del Frate.
Court heard this is Tolkacz?s first adult robbery, but he had a long history of robberies as a young adult.
Tolkacz and two accomplices stole a minivan before attending the convenience store at closing time and attempted to rob the store before their plans fell apart and the situation turned violent.
This was an especially difficult sentencing because Tolkacz is so young and has had such a tough life, despite his young age. He?s had numerous opportunities to rehabilitate himself and change his ways, but has never done so and the seriousness of this crime cries out for a penitentiary term, said Del Frate.
Court heard Tolkacz?s mother abandoned him when he was 11 and he and two siblings basically raised themselves. Tolkacz joined street gangs in Toronto as a young teenager and has basically been in trouble with the law for most of the past eight years.
Despite this, Del Frate believes Tolkacz can make something out of his life as he?s intelligent and verbalized a real desire to conquer a drug and alcohol addiction, upgrade his schooling and stay out of trouble when he gets out of jail.
The fact Tolkacz committed this armed robbery while on probation for other serious crimes is very troubling and leaves the court no option but to impose a penitentiary term, said Del Frate.
Del Frate told Tolkacz he is the only person who can make the key decisions in his life to stay away from crime and turn his life around once this sentence expires.
Tolkacz reiterated he?s going to change his ways and promised the judge he won?t be disappointed in him.
Tolkacz will return to court in January and is expected to plead guilty to being involved in another robbery of a New Sudbury convenience store two days before the West End robbery took place.
Defence counsel Alex Toffoli, who had asked the court to impose an additional 12-month jail sentence, said he was not disappointed, but not surprised by Del Frate?s decision Thursday.
In November, Marcel Williams, 19, received a 15-month sentence for his role in the robbery. The identity of the third man involved remains unknown.
