A Provincial Court judge in Quesnel sentenced a man on March 6 to six months’ time served and two years of probation for assaulting and threatening a convenience store clerk three years ago.
Stephen Joseph Gatenby, 38, spent 120 days in jail prior to sentencing, for which he received 180 days credit under the time-and-a-half rule. The nightshift clerk was putting away dishes in the 7-Eleven store kitchen when a bell sounded for the arrival of a customer.
When she went out to the front of the store, she saw that an impatient, angry Gatenby had left money on the counter. He returned to the counter and started swearing at the woman.
She said she would not tolerate such language, told Gatenby he could leave the store and threatened to call the RCMP. Gatenby responded by walking around the counter in pursuit of the clerk. “He grabbed her and shoved her down and kicked at her while she was on the ground,” said Judge Scott Mulder.
“He was yelling at her the whole time, asking (the victim) if she wanted to die.” Gatenby seemed to suddenly come to his senses, walked to the front of the store, paid for his drinks and left. Mulder said convenience store workers on the night shift are vulnerable to violent attacks because customer traffic is low and staffing limited. It was clear from the victim’s testimony that she was terrified by the experience and likely to suffer permanent trauma.
“She was alone, overpowered and completely helpless against this much larger assaulter,” Mulder said.
Mulder said Gatenby’s sentence must send a message of deterrence and denunciation. Earlier, Crown prosecutor Jennifer Johnston called Gatenby’s attack “vicious and unprovoked,” though he did not have a record of prior convictions. Gatenby’s defence lawyer, Donald J. McKay, said he agreed with the Crown-proposed sentence for his client, who had been in custody since last June.
“I do understand from my conversations with Mr. Gatenby that he is remorseful for his actions. I expect he will utter something similar to your honour,” McKay said. Instead, Gatenby disputed the harm he caused the clerk and said the case went 160 to 175 days longer than the 18-month presumed ceiling for a Provincial Court case.
“Not sure sure why it’s being described as an incredibly vicious attack,” Gatenby said via video conference from Vancouver Island Regional Correctional Centre. “There was not even a bleeding nose or a black eye at the end of this attack.” Mulder said it is the obligation of the defence to apply for a stay of proceedings based on a constitutional challenge.
“That was never before the court, so I’m not going to comment on it,” Mulder said. Gatenby’s probation conditions include a ban on possessing weapons and an order that he not communicate with the victim or be within 50 metres of wherever she may be.