SOMBA K'E/YELLOWKNIFE - A Yellowknife man caught by the RCMP in front of the A&W restaurant trying to sell two bottles of perfume he shoplifted from Shoppers Drug Mart received a fine in territorial court on March 29.

Judge Robert Gorin looked through Norman Charles Koe's criminal record, containing more than 40 convictions, and told him he wasn't going to send him to jail this time, but he was on the "borderline."

"If you're back here in the near future, you should pack your clothes," Gorin warned.

Instead, the judge sentenced Koe, 43, to one theoretical day in jail - considered to be served by his appearance in court - and a $345 fine with two months to pay.

Crown prosecutor Jill Andrews told the court the Yellowknife RCMP received a call from an employee at Shoppers Drug Mart after a man suspected of shoplifting fled the store. The RCMP spotted and arrested Koe in front of the A&W restaurant on 50 Street trying to sell two bottles of perfume to another individual. Staff at the store identified Koe as the shoplifter and the bottles of perfume as the missing merchandise.

"Theft is not a victimless crime," said Andrews, who acknowledged Koe took responsibility by co-operating with police and by pleading guilty, which spared the court a trial. She requested a fine in the range of $300-$400.

Defence lawyer Jeremy Walsh said Koe was planning to sell the perfume to buy alcohol with the money. Walsh added that Koe, originally from Fort McPherson, feels "stupid for doing what he did," and his client didn't oppose the Crown's fine recommendation. Although Walsh admitted his client was struggling with an alcohol problem, it wasn't revealed in court if Koe was intoxicated at the time of his arrest.

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