Plea Bargain - Break and Enter

Mr. M was the only adult accused, he was charged with three other individuals, one male and two females, who were all under 18 years of age. Mr. M’s girlfriend was a co-accused. Previous to the incident, the complainant engaged in some nuisance behaviours towards Mr. M’s girlfriend and the other female co-accused. Mr. M wanted the complainant to stop the behaviour and teach him a lesson which went too far and consequently meant that Mr. M was potentially facing at a jail sentence in the range of four years. Mr. M and the three other co-accuseds entered the complainant’s home during the night and assaulted him. A rubber mullet was held by Mr. M who threatened to use it on the complainant. A substantial quantity of cash and marijuana was taken from the residence. There was some damage to the property as a result of the incident. The complainant’s neighbours and some passersby were able to identify Mr. M and the other co-accused. Mr. M was arrested the same night. He was released with a number of strict conditions, including a condition prohibiting contact with all co-accused, including his girlfriend. While the charges were pending and negotiations with the Crown were ongoing, Mr. M breached his release conditions on three separate occasions. He contacted and met his co-accused girlfriend when he was prohibited to do so. He spent six days in custody between his releases on bail for the breach charges.

The goal was to keep Mr. M out of a lengthy jail sentence. The other co-accused were all under 18, and would therefore get youth sentences. Mr. M was prosecuted as an adult. The charges Mr. M was facing were indictable offences, which means that the penalties are much harsher.

Given the evidence against Mr. M as well as his confession, going to trial would be extremely risky especially given the fact that a lengthy custody period would be imposed. Lengthy negotiations and plea-bargaining was made with the Crown and additional discussions were done with the judge in order to craft a sentence Mr. M could accept. A pre-sentence report was ordered which allows a probation officer to interview the defendant and his family after which sentencing recommendations are made.

Mr. M entered a plea to break and enter, assault with a weapon and one count of breach. All other charges were withdrawn. Mr. M was sentenced to 12 months house arrest which included, amongst others, an exception allowing Mr. M to continue his employment. A 12 month probation order would follow upon the completion of the house arrest sentence.