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.


Just Posted

Sunny weather improves farmers’ prospects

A harvester kicking up dust. It’s a picture that will bring a… Continue reading

Rural transit pilot project being considered

Penhold, Innisfail and Red Deer County councils to decide whether to go ahead with project

Red Deer fire station up for sale

Home sweet home at Fire Station 4

Most surveyed Innisfail residents give urban chickens the thumbs up

Town of Innisfail will discuss whether to allow backyard chickens on Monday

WATCH: Two weeks away from Canadian Finals Rodeo in Red Deer

In just two weeks, Ponoka’s Shayna Weir will compete with the best… Continue reading

Coyote on the prowl near Penhold

This coyote was out on the prowl in a field just west… Continue reading

Sky’s the limit as Calgary opens testing area for drones and new technologies

CALGARY — The sky’s the limit as the city of Calgary opens… Continue reading

Hi Mickey, ‘Bye Mickey: 6 Disney parks on 2 coasts in 1 day

ORLANDO, Fla. — Heather and Clark Ensminger breathed sighs of relief when… Continue reading

Court weighs ‘Apprentice’ hopeful’s suit versus Trump

NEW YORK — President Donald Trump’s lawyers hope to persuade an appeals… Continue reading

StarKist admits fixing tuna prices, faces $100 million fine

SAN FRANCISCO — StarKist Co. agreed to plead guilty to a felony… Continue reading

Annual pace of inflation slows to 2.2 per cent in September: Statistics Canada

OTTAWA — The annual pace of inflation slowed more than expected in… Continue reading

Jury finds Calgary couple guilty in 2013 death of toddler son

CALGARY — A jury has convicted a Calgary couple in the death… Continue reading

Study of U.S. hospital figures links pot use with increased risk of stroke

MONTREAL — New research is being presented at a conference in Montreal… Continue reading

Most Read