ATHABASCA — An Athabasca-area man is one step closer to rebuilding his life after what his lawyer and presiding Justice called a difficult period of circumstances led to a series of criminal charges.
In Athabasca Court of Justice March 25, Barry Leon Jacobs, 57, pleaded guilty to two separate counts of failure to attend, one count of mischief causing damage under $5,000, and one count of breach of probation as part of a joint submission between defence lawyer Hart Spencer and Crown prosecutor Matthew Kerr.
As part of the submission, the Crown withdrew three additional counts of breach of probation, two more counts of failure to attend, and one count of threats to cause death or bodily harm.
“I always follow joint submissions unless they put the administration of justice into disrepute,” said Justice Gregory Rice. “In terms of gravity of offences, these aren’t that high.”
“You lost your job, you’ve been homeless, you’ve had a relationship break down — that can be difficult for everyone, but it’s still an aggravator,” said Rice.
Rice passed down a sentence of 30 days in custody, which was fulfilled by 30 days of enhanced time served. The justice also waived the $400 victim fine surcharge, citing Jacob’s lack of work or living arrangements.
Jacobs criminal record was presented to the court, with Kerr highlighting previous single convictions for failure to attend and breach of probation. Mitigating factors listed included many gaps in his record and his acceptance of responsibility via a guilty plea.
Jacobs waived his right to await a formal Gladue report, but his lawyer did speak to relevant factors. “Since 2021, he’s now piled on his record starting at age 54, 55,” said Spencer.
“It’s not an excuse by any means, but he lost his employment … his marriage ended, a 30-year marriage, and he has largely been transient/homeless for a couple of years now,” he added.
Jacobs worked 33 years as a carpenter in the construction industry and does have plans to seek work after his release.
Jacobs, who appeared in court via CCTV from the Edmonton Remand Centre, spoke on his own behalf: “I was having a hard time, like I said, down on my luck.” He said stints in Edmonton and Calgary prevented him from attending his court dates.
“I’m trying to get my life back together and get back on track, and become a productive member of society again,” he added.
“You’ve been a very productive member of society for a very long time, and I hope that you can get back, get yourself together and get going,” added Rice.
Kerr told court from December 2022 to May 2023, Jacobs failed to abide by the reporting conditions outlined in a November 2022 probation sentence.
The court heard on May 4, 2023, RCMP officers arrested Jacobs after he threw a rock through a window at his neighbour’s residence in Calling Lake, resulting in a mischief charge.
Jacobs failed to attend docket court dates in Athabasca on Aug. 13, 2023 and Jan. 15, 2024.
