All Boivin receives 54 months of penitentiary
All Boivin will spend the next 35 months and 21 days in custody in a federal penitentiary. Judge Pierre Lortie of the Court of Quebec rendered his decision Wednesday morning at the Courthouse in Chicoutimi. The sentence imposed on Boivin was initially 54 months, but the judge subtracted the months already served in pre-trial detention.
B oivin was convicted on April 25 of assault causing sexual assault and sexual assault on a 21-year-old woman. He is also guilty of trafficking cocaine. The defense suggested 30 months of detention, while the Crown was asking for a five- to six-year sentence.
All Boivin remained ice-cold during most of Judge Lortie’s judgment, often with eyes closed or with a blank stare and head against the wall. It was only as the announcement approached that the accused nodded negatively. His judgment of April 25 is being appealed, but Boivin will continue to serve his sentence. This process could last several months.
In his ten-page judgment, Justice Lortie recounted the facts for which Boivin was found guilty and all the injuries suffered by the victim. “Usually, the doctor draws the paper wounds to locate them, but here there are too many,” says Judge Lortie.
In his analysis, Justice Lortie states that there are not many mitigating factors to Boivin’s actions. “Strictly speaking, the accused can not benefit from the credit granted to the person who recognizes his guilt and saves a painful trial to the victim. However, the accused had the right to hold a trial. In the conduct of his defense, he fully collaborated by making many admissions. This collaboration facilitated the process and reduced the length of the trial, “said Justice Lortie.
On the contrary, aggravating factors are numerous. “In violent crimes, intoxication will generally be considered an aggravating factor. It is easier to forgive an inexperienced young person who commits an intoxicated criminal act than one who has been drinking for many years and whose behavior results in repeated acts of violence. In this case, the accused can not ignore that he becomes violent when he is intoxicated. This is a real problem for him and society, “says Justice Lortie.
Justice Lortie went on to say that the evidence did not demonstrate a process of rehabilitation. “He will have to one day invest himself to go to the root of the problem. In the meantime, the risk of re-offending remains high. He also mentioned Boivin’s criminal record.
He also judges that there are two All Boivin. “First, there is one who behaves properly when sober. The complainant and the police describe a calm and polite individual who collaborates. This facet of the personality reveals a potential for rehabilitation. Second, the consumer state becomes explosive and out of control. Once again, the complainant and the police are direct witnesses to this transformation. ”
The defense was not surprised by Justice Lortie’s announcement. “It’s more than we asked, but we must understand that the charges were serious,” responded Boivin’s lawyer, Pierre Gagnon.
According to Mr. Gagnon, Boivin received the decision relatively well. “He heard the representations that were made, so he knew he was facing a sentence of months or even years, but it is still a disappointment to receive a sentence of this importance. In the circumstances, he accepts the situation, “says
Me Gagnon, after talking with her client.
On the Crown side, prosecutor Karen Inkel said she was satisfied with the sentence. “The judge retained the elements that had been submitted to him. He retained the factual frame that is serious. I think the analysis work was done well, “said Inkel, leaving the courtroom.
She believes the victim will also be satisfied with the decision. “The criminal law is not a justice that is vengeful. We will never be able to talk about the harm that victims have experienced. I think the judge went around the judgment, so we’re happy with the decision, “said Inkel.
The alleged murderer of Alexandre Larouche, Karl-Emmanuel Villeneuve, will have to wait before knowing if he will be able to recover his freedom by the time of the holding of his trial. His bail hearing was scheduled for Wednesday morning at the Chicoutimi Courthouse, but his lawyer, Jean-Marc Fradette, agreed with the Crown to release the file on September 5th.
It is not possible to disclose new circumstances or new reasons, as the request is on a non-publication basis.
The 21-year-old from Chicoutimi is charged with the first-degree murder of Alexandre Larouche. The event occurred at the end of July 2018, at a residence on Johanna Street in Chicoutimi North. The victim was reportedly shot twice, possibly in connection with a drug debt.