Judge’s mistake means less jail time for robber

A judge’s error has resulted in a reduced jail sentence for a heroin-addicted man who robbed thousands of dollars in jewellry and stole from his own mother.

“That’s your good luck,” Judge Thomas Dohm told David Love on Monday in Campbell River provincial court.

Love appeared by video from jail cells in Victoria where he’s spent the last three months. After pleading not guilty earlier this year to a spree of crimes, Love changed his plea to guilty on five charges – robbery, obstruction, using a forged document and two counts of possession of stolen property under $5,000 – in exchange for a jail sentence of two years less a day.

The sentence was part of a joint submission worked out by Crown prosecutor David Fitzsimmons and defence lawyer Jordan Watt. However, Judge Dohm apparently misinterpreted the sentence and gave Love credit for time served and sentenced him to 21 months jail.

Fitzsimmons pointed out the error, but Judge Dohm declined to change his mind, saying that he had already told Love his sentence was 21 months.

It’s not the first time Love has been in jail. In 2008, he went on another drug-fuelled crime spree that included forging cheques from his mother’s company, theft and possession of stolen property.

Love and his girlfriend Justine Hedden were also charged in connection with the August 2008 robbery of a 44-year-old man on Dogwood Street.

Following his release from jail, Love was apparently off the drugs and doing well. But then the 32-year-old lost his job, ran up debts and became depressed, said Watt.

So Love started taking heroin again which resulted in a “snowball effect” and a spree of crimes which began last December.

Two days before Christmas, Love forged his mother’s name on a $500 cheque and cashed it. On Jan. 19, Love pawned a prawn puller and chainsaw which was stolen, along with several other tools, from his mother’s home.

The crimes ramped up on Feb. 20, when Love entered London Drugs, went into the shipping/receiving area and then walked out the back door after stealing two flatscreen televisions.

Then, on Feb. 24, Love walked into Thong’s Jewellery and Repair, reached across the counter and stolen 17 gold chains, estimated in value at between $18,000-$22,000.

One of the owners chased after Love and wrestled with him in the parking lot. Love lost a boot in the tussle, but escaped into an awaiting taxi.

By the time police caught up with the cab, Love had already fled. But the following day, they obtained a search warrant for his residence and found him hiding in the attic.

While in custody at the RCMP detachment, Love was being questioned in an interrogation room when the constable in charge of the investigation decided to take a break. But for some reason the door was left unlocked and Love “waltzed” out of the detachment wearing nothing but socks.

He was later arrested and has been in custody since then. In spite of his wrong-doings, his lawyer said that Love still has the support of his family and is remorseful.

Watt said that Love intends to continue taking counselling for drug addiction and may enter a rehabilitation program once he’s released. Watt also pointed out that Love has several marine “tickets” and wants to return to work for his mother’s tugboat company.

Just one of the stolen gold chains was recovered, at a local pawn shop, but the rest, along with the televisions were never found.