Vancouver's André Bisset didn’t look back to say goodbye to his father or other family members Thursday after being sentenced to three years in jail.
The 32-year-old was convicted of theft, upsetting a child under 12 and causing a public disturbance.
He had served 11 days of pre-sentence custody and was given a three-year consecutive sentence.
Royal Canadian Mounted Police charged Bisset last April after a mother from Abbotsford called 911.
She told police that Bisset had stolen a lollipop that her 2 year old son was eating at the time.
It was reported that the mother was in one of the McDonalds franchises in Abbotsford and was ordering a big mac with fries and a chocolate milkshake as well as a happy meal when Bisset walked up to her son and stole his lollipop, Vancouver Criminal Court heard.
The child was so distraught by the theft of his candy he began screaming incredibly loud, so much that it caused discomfort for other diners in the restaurant including giving some of them headaches, except for one guy who had an iPod and was completely oblivious to what was going on.
The mother called 911 to report the theft and the police turned up 5 minutes later and interviewed the mother and other restaurant diners, except for the guy with the iPod, he didn't see anything so could provide no useful information to police.
The RCMP looked at the restaurant's CCTV footage and used that to identify André Bisset from Vancouver. He was later arrested.
A victim impact statement was read out in court from the mother, she said she was very pissed off because the lollipop was expensive.
She said her son's childhood memory of the lollipop had been ruined.
During a search of his Vancouver home, police found a book titled "Taking Candy From a Baby - The Basics."
Ranjeet Kunkel, defending said that he had a very good reason for taking the candy.
"Bisset took the candy from the child because he thought it would spoil his lunch.” Mr Kunkel said.
"The child was eating the lollipop before his happy meal and he was worried it (the lolly) would fill him up."
However, the prosecutor, Shimshon Olesen, told the court that the child was simply licking the lollipop and not swallowing any of it, therefore it would not have decreased his appetite in any way.
Judge Bronte Havel sentenced Bisset to 3 years imprisonment.
"Bisset took the candy from the child because he thought it would spoil his lunch.” Mr Kunkel said.
"The child was eating the lollipop before his happy meal and he was worried it (the lolly) would fill him up."
However, the prosecutor, Shimshon Olesen, told the court that the child was simply licking the lollipop and not swallowing any of it, therefore it would not have decreased his appetite in any way.
Judge Bronte Havel sentenced Bisset to 3 years imprisonment.
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