Judge scolds Crown

A judge admonished the Crown on Wednesday for failing to return criminals to court and sentence them for re-offending while still serving a suspended sentence.

A judge admonished the Crown on Wednesday for failing to return criminals to court and sentence them for re-offending while still serving a suspended sentence.

Judge David Plosz told court that rarely, if ever, had he dealt with an accused who had re-offended while serving their suspended sentence.

Plosz was reacting to a two-year suspended sentence handed out to Eric John Bogle, 20, of Red Deer, who pleaded guilty to mischief and failing to appear in court.

Plosz said a suspended sentence is issued by the court in order to help the offender.

A section in the Criminal Code of Canada authorizes the sentencing judge to suspend the passing of sentence, except where the code provides for a minimum punishment.

In such instances, the offender must be placed on probation and be subject to the conditions set forth in the probation order.

An offender who breaches a term of the probation order is liable to a charge of breach of probation.

The Crown may then apply to have the sentencing judge revoke the suspended sentence and impose any sentence that could have been imposed originally.

In any event, a suspended sentence results in a criminal record.

Plosz said if the offender runs afoul of the law, he is supposed to be brought back to court and, if convicted of the new crime, should be sentenced on the original charge.

Plosz wondered if the Crown “is just blowing smoke” when it agrees to a suspended sentence.

Chief Crown prosecutor Anders Quist responded by saying he has brought offenders in this situation back to court for sentencing.

Quist said sometimes an accused will drag out the new charge until the suspended sentence has expired.

However, Quist acknowledged the judge’s “point taken.”

Bogle received a two-year suspended sentence, which had been agreed to by the Crown and defence lawyer Lorne Goddard. Bogle was also ordered to pay restitution of $4,820 to the City of Red Deer, perform 80 hours of community service work and pay a $100 surcharge.

The court heard that Bogle was upset about being dismissed as a Collicutt Centre employee because of work-related difficulties in March 2008.

Quist said Bogle, who had just been ordered off the centre property, returned about 4:30 a.m. with an iron bar and smashed a door and windows, resulting in $4,820 damage.

jwilson@bprda.wpengine.com

Just Posted

Lacombe calls on residents to participate in census

Municipal census runs April 2 to June 20

Rocky Mountain House man charged after drug bust

March 9 drug bust in Rocky Mountain House turned up methamphetamine and cocaine

Hunting Hills High School repairs top priority for Red Deer Public Schools

Repairs on Red Deer Public Schools’ list of priorities

WATCH: Celebrating francophone Canadians at the 10th annual Red Deer Winter Carnival

The event was hosted by the Red Deer region of the French-Canadian Association of Alberta Saturday

Chelsea Carey rink registers two wins at world women’s curling event

SILKEBORG, Denmark — Canada’s Chelsea Carey rebounded nicely Sunday at the world… Continue reading

Canadian Bianca Andreescu has her first WTA title, winning BNP Paribas Open

INDIAN WELLS, Calif. — Canadian Bianca Andreescu has her first WTA title.… Continue reading

‘Captain Marvel’ soars even higher with stellar 2nd weekend

LOS ANGELES — “Captain Marvel” has continued to dominate the global box… Continue reading

Budget to focus on affordable housing changes on supply, demand, regulation

OTTAWA — The Trudeau government will take steps in Tuesday’s federal budget… Continue reading

Kenney lieutenant denies running ‘puppet’ candidate in party leadership race

EDMONTON — The staffer at the centre of a spreading scandal over… Continue reading

RCMP find ammunition, machete after searching for ATV reported stolen

FROG LAKE, Alta. — Police say they found 600 rounds of ammunition… Continue reading

US-backed forces admit to ‘difficulties’ beating IS in Syria

BAGHOUZ, Syria — U.S.-backed forces fighting to recapture the last Islamic State… Continue reading

Most Read