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Just because woman wasn’t home doesn’t make it a victimless crime: Brenda Duffy

An Irishtown-Summerside man was sentenced to nine months in jail on Thursday for forcing his way into a former girlfriend’s apartment while she wasn’t home in November 2014.

Trevor Wheeler is seen in provincial court in Corner Brook on Thursday.
Trevor Wheeler is seen in provincial court in Corner Brook on Thursday.

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Trevor Ralas Wheeler, 31, pleaded guilty to being unlawfully in a dwelling house, mischief relating to property and failure to comply with the conditions of a probation order before the start of his trial in provincial court in Corner Brook on Wednesday. The matter was set over to Thursday morning for sentencing.

Wheeler went to the woman’s Corner Brook home on Nov. 14, 2014 and forced open the door, damaging it. Police found him passed out in an upstairs bedroom. Just before he was found he was bitten on his buttocks by a police dog.

Crown attorney Brenda Duffy said the fact Wheeler entered guilty pleas count as a mitigating factor in his sentencing.

The biggest benefit of the guilty pleas, she said, came from the victim and her family not having to go through testifying.

Aggravating factors in the case are that Wheeler has a record and that he was in a relationship with the woman. Duffy said the crime was not victimless just because the woman wasn’t home. The woman said in her victim impact statement that she felt violated.

The suggested sentence put forward by Duffy was a joint one agreed to by Wheeler.

It included six months in jail for unlawfully being in the home and two to three months for the mischief to property, to be served concurrent to each other; three months for the breach of probation, to be served consecutively to the other sentences; and one year probation.

Judge Wayne Gorman accepted the suggested sentence and gave Wheeler a total of nine months in jail. That will be reduced by 141 days for time and half credit for the days he’s already spent in custody. Wheeler had been living in Ontario up to his arrest on Dec. 6, 2016. He was brought back to Newfoundland Dec. 13.

Under his probation order Wheeler is not to have any contact with his victim.

A fourth charge of criminal harassment was withdrawn and while there were no charges related to Wheeler leaving the court jurisdiction, Duffy noted that is something he may have to answer to on some other day.

Related stories:

Wheeler bitten on buttocks by police dog during arrest

Trevor Wheeler finds lawyer for break and entry, harassment trial

Trevor Ralas Wheeler, 31, pleaded guilty to being unlawfully in a dwelling house, mischief relating to property and failure to comply with the conditions of a probation order before the start of his trial in provincial court in Corner Brook on Wednesday. The matter was set over to Thursday morning for sentencing.

Wheeler went to the woman’s Corner Brook home on Nov. 14, 2014 and forced open the door, damaging it. Police found him passed out in an upstairs bedroom. Just before he was found he was bitten on his buttocks by a police dog.

Crown attorney Brenda Duffy said the fact Wheeler entered guilty pleas count as a mitigating factor in his sentencing.

The biggest benefit of the guilty pleas, she said, came from the victim and her family not having to go through testifying.

Aggravating factors in the case are that Wheeler has a record and that he was in a relationship with the woman. Duffy said the crime was not victimless just because the woman wasn’t home. The woman said in her victim impact statement that she felt violated.

The suggested sentence put forward by Duffy was a joint one agreed to by Wheeler.

It included six months in jail for unlawfully being in the home and two to three months for the mischief to property, to be served concurrent to each other; three months for the breach of probation, to be served consecutively to the other sentences; and one year probation.

Judge Wayne Gorman accepted the suggested sentence and gave Wheeler a total of nine months in jail. That will be reduced by 141 days for time and half credit for the days he’s already spent in custody. Wheeler had been living in Ontario up to his arrest on Dec. 6, 2016. He was brought back to Newfoundland Dec. 13.

Under his probation order Wheeler is not to have any contact with his victim.

A fourth charge of criminal harassment was withdrawn and while there were no charges related to Wheeler leaving the court jurisdiction, Duffy noted that is something he may have to answer to on some other day.

Related stories:

Wheeler bitten on buttocks by police dog during arrest

Trevor Wheeler finds lawyer for break and entry, harassment trial

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