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After owning up to breaching a conditional sentence, a Corner Brook man was given the opportunity to complete that sentence as originally ordered on Tuesday.
Brendon Adams, 34, has been under house arrest since September 2018. The 15-month conditional sentence was imposed in provincial court in Wabush.
Conditions of the sentence include that he remain in his home except for approved absences. On Saturday, he breached that by being outside without permission.
That occurred when he was arrested on criminal charges of assault and mischief to property.
Those charges stem from a disturbance at a home on Crestview Avenue at 2:30 a.m. Adams fled when police arrived at the home and was arrested on O’Connell Drive.
During a hearing in provincial court on Tuesday morning he acknowledged the breach, which also included consuming alcohol.
It was noted that Adams has an extensive criminal record that includes convictions for breaches of court orders.
Crown attorney Lori St. Croix submitted that the court has the discretion to cancel the conditional sentence and order that he serve the remainder in jail.
She argued that was the most reasonable thing to do. She said he was given the chance to serve his sentence in the community and now that he’s breached it giving him that break now is no longer appropriate.
Legal aid lawyer Courtney Mills said Adams is in receipt of employment insurance benefits that include funding for school and if he is not able to complete the program he’s enrolled in he will have to pay back the money he’s received.
She said it’s not automatic that when someone breaches a conditional sentence order that it’s terminated or that they serve the remainder in custody. She said it’s open to the court to choose other dispositions.
Terminating the order and having him serve the remainder in custody would be one of the harshest punishments he could receive, she said.
After taking some time to consider what she heard, Judge Catherine Allen-Westby decided to allow Adams to resume his conditional sentence order.
He’ll be back in court on Feb. 26 on the assault and mischief charges.