Kristina Chernenko said nothing but turned to smile at her father behind her in the courtroom Wednesday as a provincial court judge released her from custody for the first time in a year.
Chernenko, 22, was sentenced to time served for an armed robbery at a downtown Scotiabank last November, as well as other charges.
Judge David Orr concurred with arguments made by Chernenko's lawyer, Ken Hollett, in court the previous day, ruling Chernenko less responsible for her crimes, given she was suffering from an undiagnosed mental illness at the time they were committed.
"Ms. Chernenko had disorganized thought processes throughout this period. She is, as a result, much less culpable than someone who is not suffering from this serious disability," Orr ruled.
Chernenko had pleaded guilty to stealing a curling iron from a St. John's salon, Highway Traffic Act charges stemming from an incident on Oct. 31, 2017 in which she crashed her father's taxi into a pole, and the armed robbery, which took place the morning of Nov. 24, 2017. According to an agreed statement of facts signed by Chernenko and presented in court, she sat in the lobby of the bank for 10 minutes, contemplating robbing it, before she went to the washroom, pulled up her hood and donned a plain white mask. Holding a rock in one hand, she attempted to kick open the security gate at the bank teller desk before jumping over it, grabbing money from a cash drawer and attempting to leave the bank. She was caught by a pedestrian, who held her down until police arrived, as others picked up the $2,535 in cash that was blowing around.
Chernenko told police she was broke and wanted the money because people were threatening to kill her.
"It felt good to me that I robbed a bank and people were picking up the money on the street," Chernenko told the officers. "I wanted that money."
Chernenko spent four months in custody before she was sent for a psychiatric assessment and diagnosed with schizophrenia. Ordered into treatment before she could stand trial, she is now doing much better, according to reports from a prison psychiatrist, and has been participating in counselling and schooling.
Prosecutor Tannis King had argued for a 3 ½ year jail sentence, saying there wasn't a clear link between her illness and the crimes. King pointed to the psychiaitrist's reports, which noted Chernenko doesn't appear to fully accept her diagnosis and is ambivalent about continuing her medication regime if released.
Orr acknowledged the crimes would ordinarily call for a stronger sentence.
"On the mitigating side, there were no injuries caused, the weapon involved was a baseball-sized rock, the accused has entered guilty pleas, and was at the time suffering from a serious undiagnosed and untreated mental illness," Orr said.
Orr released Chernenko from custody, but gave her three years of probation, with requirements that she attend medical appointments and follow the treatment plan prescribed by her doctor.
Twitter: @tara_bradbury
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