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A Sudbury man who led Greater Sudbury police on a foot chase has resolved that and other charges against him, including possession of cocaine.

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On July 31, Damien Hardy, 31, who had been in custody since his arrest last November, pleaded guilty to breach of his recognizance, mischief under $5,000, violation of a release order , obstructing a police officer, escape from lawful custody and possession of cocaine. for trafficking purposes.

Defense attorney John Raftery, appearing via Zoom link, requested a pre-sentence report with a Gladue component. A Gladue element (a reduced version of a Gladue report) helps provide the judge with sentencing options for First Nations people.

The court heard that in May 2023, Hardy was part of a recognizance issued in November 2022 which included a condition that he not have contact with any woman.

On May 17, 2023, Greater Sudbury Police received a unwanted call about Hardy, who was in an apartment with the woman he was not supposed to contact. Hardy and the woman were not cleaning up after themselves, leading to an unwanted call. Hardy also punched a hole in the wall.

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Police found Hardy in the apartment, arrested and charged him.

After being granted bail, Hardy was required to report regularly to the Elizabeth Fry Society’s bail monitoring program, but stopped doing so in September.

Then, on November 15, police received a call about a wanted man – Hardy – who was in New Sudbury Centre. At that time, several arrest warrants had been issued against him.

When a police officer located Hardy, he gave a false name and then fled the mall.

Hardy ran toward the Cambrian College area and drove through numerous construction sites, before being caught by officers pursuing into the backyard of a home on Lincoln Road.

Hardy had an iPhone, a wallet containing $225, two digital scales and 14 grams of cocaine with an estimated street value of $1,400.

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At the Ontario Court of Justice in Sudbury, the court heard that work on the pre-sentence report and its Gladue component had not yet begun because Hardy had been at the Central North Correctional Center in Penetanguishene.

He had just been transferred to Sudbury Prison so that work on the two reports could begin.

An adjournment seemed certain until Hardy, after a brief conversation with his lawyer, chose to be sentenced without the benefit of both reports.

Raftery, appearing via Zoom link, and assistant Crown attorney Alayna Jay, along with federal prosecutor Denys Bradley, then presented a joint sentencing proposal. They asked

– a prison sentence of 60 days less pre-trial detention (40 days of imprisonment, now 60 days) for the charges brought under the Criminal Code;

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– six months for drug trafficking (four months in prison became six months);

– a DNA order;

– a weapons ban for 10 years; And

– a one-year probation order that includes conditions such as having no contact with two women and that Hardy complete counseling as directed, specifically the Partner Assault Response program.

“You’re going to have to deal with your substance abuse issues and your anger as well,” Judge Julie Lefebvre told Hardy, standing in the prison box.

“That’s why I want to go to rehab,” Hardy responded.

“We can start things in custody,” the judge continued. “You don’t have to wait (until you are released)…I encourage you to do so.”

“It is the Crown’s view that in light of the lack of a criminal record, a short and severe sentence is required here (for the Criminal Code charges),” Jay said in his sentencing speech .

Raferty, in his sentencing proposal, said Hardy, who is a member of the Rocky Bay First Nation in northwestern Ontario but grew up locally, had an education in grades 10 to 11 and initially wanted to work in the food industry.

Hardy, however, began using cocaine at the age of 16.

“He wants to undergo treatment upon his release,” explained the lawyer.

As a result of these pleas, the Crown dropped the other charges Hardy was facing.

Although Hardy is now done with the 2023 charges, he remains in custody and will stand trial in December on sexual interference charges.

[email protected]
X: @HaroldCarmichae

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