Augustine was driving a GMC Sierra truck, which also crashed near the SUV. (Moncton provincial court exhibit)
The judge said the children were left terrified, scared Augustine would send people to their home to hurt them and worried about the day he is released.
Crown prosecutors had sought eight years in prison, while Augustine’s lawyer sought four to five years.
LeBlanc said there were various aggravating and mitigating factors in the case. One factor was his previous six convictions for violence.
“He obviously has not learned by his past appearances in the courts,” LeBlanc said.
The judge said Augustine pleaded guilty to four charges instead of going on trial on 37 charges, avoiding what could have been a difficult trial.
Augustine also expressed remorse, which the judge said appeared to be sincere.
The judge also considered Augustine’s Indigenousl background, referring to a Gladue report that outlines his community’s history and how it has been affected by colonialism.
“Unquestionably, the systemic and background factors affecting aboriginal peoples in Canada are reflected in Mr. Augustine’s upbringing,” LeBlanc said.
“Lower educational attainment, lower income, higher unemployment, higher rates of substance abuse, higher rates of suicide, higher rates of sexual assault, all must’ve had an impact on Michael Augustine … and likely contributed to his criminal conduct.”
Credit for time served
However, LeBlanc said the importance of those systemic factors are “tempered” by the degree of violence in the case.
After considering all of the factors, LeBlanc ruled a five-year sentence would be appropriate.
That time will be reduced to three years and two months when credited for time already spent in custody.
Augustine was also ordered to have no contact with the victims.