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Four-month sentence for spa theft
Man also caught possessing crack cocaine and skipping court

John McFadden
Northern News Services
Published Friday, January 23, 2015

SOMBA K'E/YELLOWKNIFE
A man with an extensive criminal record, has been sentenced to four months in jail after he was convicted on three charges, starting with a theft from Canadian Tire's gardening store.

The 30 year-old-man pleaded guilty in territorial court to theft, possession of crack cocaine and missing a court date in territorial court Wednesday.

Crown prosecutor Angie Paquin told the court the offender walked out of the gardening store at Canadian Tire on June 17 with a portable home spa in a shopping cart that he had not paid for. RCMP and store staff were able to identify the man through the store's security video. He was arrested in Ndilo on July 3 and charged with theft under $5,000. The offender admitted to stealing the spa, which was worth $734.99.

He was subsequently released by the RCMP on a promise to appear on the theft charge with a court date of Aug. 5. The man missed that court date and a warrant was issued for his arrest at that time.

Then on Aug. 25, less than three weeks later, RCMP officers were called to a unit at Norseman Manor apartments on 52 Avenue in response to a complaint over a man who wouldn't leave the residence. Police entered the apartment unit and observed a bag of crack cocaine on a kitchen table. Court heard one man grabbed the bag, and gave it to the accused who tried to throw it away as police were arresting him.

The bag contained three grams of crack cocaine with a street value of $300. Paquin said once he was lodged in the RCMP cells, the offender took socks off a sleeping inmate's feet and used them to try to plug the toilet and flood the cell.

Before sentencing, Paquin pointed out the man's extensive criminal record containing dozens of convictions, including one for robbery in 2012. She called on the judge to give the accused a sentence of between four and five months in custody.

The man's lawyer, Tracy Bock, told the court there was nothing on the man's record since 2012.

"He has explained to me that he has a problem with and gets into trouble when he uses drugs and alcohol," Bock said.

The offender said he is originally from Fort Good Hope but has lived in Yellowknife for the past seven years. He also said the man has a four-year-old daughter. Bock called for a four-month sentence followed by probation.

In handing down the four-month sentence, judge Garth Malakoe pointed out the gravity of the crack cocaine possession charge.

"It is serious, given what that drug has done to our community," Malakoe said.

He also sentenced the man to a year's probation and barred him from Canadian Tire, including the store's parking lot.

He must also make restitution to Canadian Tire for the value of the portable spa. The offender must also pay a $300 victim surcharge.

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