A Penticton man is now banned from a downtown convenience store after punching a clerk in the nose.
Crown counsel said Harley Jack, 33, was under a “drug psychosis” when he entered the 24-Seven convenience store on Main Street on Jan. 28 around 8:30 a.m.
The court heard Jack had picked up several sandwiches, and according to an independent witness, said “if anyone asks if I am going to pay for these I am punching them in the head.”
The store clerk took chase after Jack when he exited the building and allegedly tackled him. Jack then turned abruptly and punched him the nose. While it was at first believed the clerk suffered a broken nose, further examination at the hospital revealed it was a soft tissue injury and swelling. Jack said that the action he took was not something he would normally do and that he was hungry.
“It was a really bad judgment call on my part, I admit that,” he said.
Jack, who has already spent 80 days in jail, was sentenced to time served and two years of probation on charges of assault and theft under $5,000 — which had initially been a robbery charge. He is not allowed to contact the clerk or go to 24-Seven. He must also abide by a Rogers order, requiring him to take treatment or counselling as prescribed by a doctor, and to abstain from consuming alcohol or drugs not prescribed to him.
Judge Gregory Koturbash took into account that Jack was “raised in a toxic environment” and, even though he has a lengthy criminal record, has stayed out of the court system since 2013.
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