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Penticton  

Robbery, assault sentencing

A 25-year-old man was sentenced to 722 days Monday in a Penticton courtroom for his role in a robbery and violent assault.

Ryan Joseph Patt was found guilty in October of charges including assault causing bodily harm and robbery, related to an incident that took place in Penticton in March. He was also facing a charge of mischief under $5,000.

According to Judge Meg Shaw, Patt and the victim of the assault were dating two sisters and had spent time together.

After the victim helped Patt move, he returned early the next morning with another man. The victim let them in, and was attacked by the unknown man. Patt then joined in hitting him five or six times.

The reason he was beaten up was because he had beaten his girlfriend, said Shaw.

When Patt left he handed the victim a pillow to help out with his injuries. He and the unknown man then grabbed two flat screen TVs and left with them.

The victim's injuries were quite severe, including an eye socket fracture and lacerations and bruises.

In the other incident on Aug. 18, Patt and his cohorts had a padlock on a rope and were swinging it at the top half of a door. When they were unsuccessful in getting into the residence, they fled on BMX bikes.

In terms of mitigating factors for the more serious earlier offences, Patt was a participant in the assault, which was initiated by someone else, said Shaw.

The aggravating factors were that Patt has a criminal record, including drug and gun offences, the nature of the offence, premeditation, and the fact it was vigilantism in the victim's home.

In his submission, Crown counsel John Swanson asked for a sentence of three to five years, because although the charge was robbery it occurred in a home invasion.

But Shaw disagreed it was a home invasion scenario.

Defence lawyer James Pennington also said the circumstances in this offence did not make it a home invasion.

"Mr. Patt had rung the intercom and identified himself and the victim buzzed him in," he said. "It's not a typical home invasion."

He stated that in this situation, the unidentified male struck the first blow and Patt was a participant in the assault.

"We are dealing with a robbery and an assault causing bodily harm, and the appropriate sentence falls within provincial guidelines," he said.

In describing his client, he said Patt was single and has a disability, caused by an assault five years ago.

In that assault, Patt suffered a head injury that make him impulsive and not think matters through.

Patt was also given two years probation, which includes not having any contact with the victim.

In September, 2013, Patt was charged with eight offences of which he pled guilty to three; possession of methamphetamine, possession of cocaine for the purpose of trafficking, and breach of probation. He received a six-month jail sentence.



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