Notorious Nanaimo criminal receives 9 year sentence for brutal assault, drug possession

Having already been beaten within an inch of his life, the victim was then left on a Diver Lake Park bench to spend a cold winter night outdoors.

An investigation into the beating led to police searched at the Ninth St. home and also a home in Cedar, where nearly $1 million in drugs and various weapons were found.

Justice Jeanne Watchuk sentenced Lamontagne to nine years in prison. The charges of aggravated assault and forcible confinement equalled nine years, served concurrently with charges possession of controlled substances for the purpose of trafficking.

Watchuk sided with Crown counsel, who’d asked for 10 years in a federal penitentiary for Lamontagne.

Nick Barber with the Crown said it’s a significant sentence.

“He was just doing what he wanted to do and didn’t care about what happened to people in the community.”

Much of the sentencing hearing on Friday centered on whether Lamontagne now cares about the grievous harm he caused through this incident and many others in his lengthy career as a criminal.

Justice Watchuk read quotes from logs filed by guards at the jail Lamontagne resided in, where he was part of the Right Living rehabilitation unit.

They described him as “compliant, cooperative, polite and respectful to staff and sociable with other inmates.”

The logs went so far as to say he was a model prisoner and a natural leader who’d taken on a mentor role in the unit.

Lamontagne also completed several certificates in jail, even a university-level criminology course.

However, the Crown argued any behavioural advancements Lamontagne showed in prison should be taken with a grain of salt.

Barber referenced how claims of remorse on behalf of Lamontagne were previously heard by the courts back in 2004, when Lamontagne was convicted of forcibly confining his then girlfriend.

In the 2004 sentencing, the judge said Lamontagne engaged in “calculated cruelty” and wasn’t someone who’d lost control of him impulses.

Barber submitted Lamontagne had committed a near identical illegal act in 2004 and hadn’t learned anything 14 years after initially saying he was remorseful for the similar crime.

“Human nature being what it is, people will try to better themselves. Sometimes they are successful and sometimes they are not. Whether it’s real rehabilitative steps he’s taken, I don’t know but the law is clear what the kind of sentence should be,” Barber said.

Justice Watchuk said the kind words submitted by jail guards and counsellors was a mitigating factor, but it couldn’t overcome the severity of the crimes and the sheer amount of deadly drugs found at properties he was affiliated with.

She urged Lamontagne continue with his rehabilitation in a federal facility.

Credit for time served is not being considered in this case.

Lamontagne was convicted in 2018 to four years in prison for the 2015 manslaughter of a friend in Victoria. When his friend suffered a severe drug-induced reaction, Lamontagne wrapped him up, beat him and tried to subdue him with a headlock, rather than call for medical help.

Charges are no longer being considered against the lease holder of the house where Lamontagne beat the victim.

Court proceedings against any acquaintances involved, including prolific offender Kerry Chang, have finished.

spencer@nanaimonewsnow.com

On Twitter: @spencer_sterrit

by Spencer Sterritt

Notorious Nanaimo criminal receives 9 year sentence for brutal assault, drug possession

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