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36-year-old Joseph Raymond Richards will serve an 18-month sentence in the community, followed by a year probation after pleading guilty to three charges related to an assault on a security guard, and assaulting and robbing men who thought they were meeting an escort.  (Jordan Davidson/NanaimoNewsNOW)
in community sentence

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Sep 19, 2024 | 5:33 AM

NANAIMO — A local man and recovering drug user has avoided jail for punching a security guard and robbing men who thought they were meeting an escort for sexual services.

Joseph Raymond Richards, 36, was handed an 18-month conditional sentence order to be served in the community followed by a year probation for incidents in December 2022, which resulted in charges of assault, possessing a firearm without a license and benefitting from sexual services.

The sentence was delivered on Wednesday, Sept. 18 in provincial court in Nanaimo, with Justice Brian Harvey commenting on how Richards has taken huge strides to turn his life around since his arrest.

“The accused has been sober now for many months and is gainfully employed. This does not mean this court condones the actions of the accused, which were serious and in my view, require a jail sentence. However, a significant conditional sentence order at the top end of the range…is appropriate.”

While the Crown wanted 12-18 months in jail, the defence asked for Richards to serve the same amount of time in the community, to continue his addiction treatment and work.

Incidents
On Dec. 13, 2022, a woman went to the Nanaimo RCMP office and filed a report involving Richards.

The woman, who was working as an escort and using illicit substances at the time, met and became friendly with Richards a few weeks prior through the Nanaimo Area Network of Drug Users.

Richards told the woman he had recently lost his job and home, then eventually moved in with her.

Once he discovered she was working as an escort, he “advised” her to advertise her services online to make cash to feed their addictions.

Once a client arrived, Richards, who was hiding in the bathroom, surprised the unsuspecting men, assaulting and robbing them while wearing a Guy Fawkes mask.

At least one man was struck in the face by a baton.

Crown prosecutor Basil McCormick said while none of the clients reported the assaults to police, it’s believed they occurred at least three, but no more than five times.

“He moves in with the woman that he knows to be an escort and persuades her to advertise for sexual services. And then when dates arrived, he beats them up, takes their money, uses that money for drugs, which he benefits more than the complainant. It’s only a one-weekend duration, but it ceased by her reporting to police.”

Richards was arrested the same day complaints were made.

A loaded semi-automatic carbine style .22 calibre rifle was located in his vehicle, along with ammo, a loaded magazine, and a Guy Fawkes mask.

Richards did not have a firearms licence for the non-restricted weapon.

The assault charge stemmed from the day prior, Dec. 12, 2022, during an incident at the University Village Shoppers Drug Mart on Fifth St. in Nanaimo, where Richards was seen in the parking lot yelling at someone on the phone.

Numerous customers reported his behaviour to the security guard on duty at the time, who then denied Richards access to the store once he was off the phone and tried to enter.

“The male became belligerent and entered into Shoppers Drug Mart despite being told not to by (the security guard),” said judge Harvey, reading the facts of the case. “The male cursed and swore at (the guard) before punching him once in the face. The punch occurred while (the guard) was escorting the male to the exit.”

Richards left the area in a vehicle but was identified by police thanks to the guard’s description and security footage.

Richards makes a statement outside the Nanaimo courthouse on June 28, 2024, during sentencing submissions prior to judge Harvey’s decision. (Jordan Davidson/NanaimoNewsNOW)

Sentencing
During sentencing, court heard Richards has since attended a drug treatment program on the mainland where he’s currently living in a supportive housing complex.

He is currently employed as a power engineer.

Representatives from the treatment centre and Richards’ boss were in court during sentencing arguments in June with glowing praise for Richard’s work ethic and commitment to sobriety.

Defence attorney Kendra Waugh said Richards was a heavy addict when he was first admitted to treatment shortly after his arrest, as his urine test was positive for amphetamines, benzodiazepines, cocaine, methamphetamine, MDMA, medical opiates, THC, fentanyl, and alcohol.

“To say that Mr. Richards was in active addiction at the time of his offences is an understatement. This court will probably have heard from police experts on drug cases that addicts typically have a substance of choice and don’t use a variety of substances, but obviously it’s not the case [here].

Waugh added Richards believes the arrest “saved his life”, and he’s been sober since June 2023.

A victim impact statement provided by the former escort was mentioned by prosecutor McCormick during sentencing, which noted the “long-lasting and serious impact” these events had on her.

“She’s been diagnosed with PTSD following these offences and was undergoing trauma counselling. She moved cities, she’s expended a significant amount of money…with respect to the trauma program and also a recovery house… she also indicates concerns with respect to being suspicious of men.”

While a psychiatric assessment deemed Richards a “low to moderate risk to re-offend,” judge Harvey said it’s clear to him the risk is tied directly to Richards’ sobriety.

Richards’ must also have no contact with the victim, submit a DNA sample, be prohibited from consuming alcohol or drugs besides a prescription, a ten-year weapons ban, and comply with a daily curfew of 8 p.m. until 6 a.m.

His past criminal history includes a number of convictions between 2007 and 2015, mainly for non-compliance with court orders and failure to attend court, along with a conviction for mischief, uttering threats, and impaired driving.

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jordan@nanaimonewsnow.com

On Twitter: @JordanDHeyNOW