A Penticton man, who pleaded guilty to one count of robbery, has been sentenced to 445 days in prison and 18 months probation.
Seamus Kirby, 28, was in B.C. Supreme Court on Monday for sentencing after he robbed and assaulted his then girlfriend in December 2018 while they were both staying at a Penticton hotel.
According to the agreed statement of facts, Kirby attacked his ex-girlfriend on Dec. 17, punching her repeatedly in the face. He choked and suffocated her while pinning her on the bed, then fled with her pursue with $2,000 in it.
When police arrived at the hotel, they noticed blood on the woman’s face and hair, the crown said. Later that day, when police apprehended Kirby, he had only $750 left of the amount he had stolen. He has been in jail since his arrest, which will count as time served on his sentence.
B. C. Supreme Court Justice Steven Wilson said mitigating factors, such as Kirby having knowledge there were issues with the police investigation and still pleading guilty, were factors in his decision, even though Kirby has a history of criminal convictions.
The defence said Kirby is severely dependent on heroin and meth, and the crimes he has committed occurred when he was in the “throws of addiction.” He added Kirby is a “victim of the opioid crisis.”
Justice Wilson said the sentence was light, considering Kirby’s prior convictions. He added he hopes Kirby acknowledges that drugs and alcohol have played a significant role in getting him where he is.
Kirby must also pay $1,500 in restitution.
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