BOYLE – A man from the Buffalo Lake Metis Settlement will be spending the next 18 months on a suspended sentence after he broke into a building twice in two days.
In the Boyle Court of Justice April 9, Gary Hawke, 59, pleaded guilty to unlawfully being in a house and failing to comply with undertaking conditions, as part of a joint submission between Crown prosecutor Taylor Noble and duty counsel Christopher Chelala. An additional count of breaking and entering was withdrawn as part of the joint submission.
In addition to the 18-month suspended sentence, Hawke received a five-day custodial sentence, which was served by his pre-trial time in custody. Noble said the sentences were on the lighter side for two reasons: Hawke’s criminal record was dated and unrelated, with the last entry being from 2009 and it was possible Hawke had been suffering from mental health issues at the time.
“He seemed to be under some idea that he had permission to be at the residence, or that it was his actual residence,” said Noble. “Various people had noted that he had health issues at the time. His criminal record — it’s really not a record, Justice. It’s so dated that it really becomes irrelevant for the court’s consideration.”
Noble did acknowledge that in some ways the breach was the more aggravating of the two charges, since it came the very next day after Hawke’s release from custody.
Justice Joanne Heudes accepted the joint submission, which includes no contact and no-go orders for the property owners and the property, respectively, telling Hawke that he needed to make sure they were followed, or he would be back in jail.
“You’re not an active criminal in our community, you haven’t been, and it’s not your intention to be,” said Heudes. “You’re not a violent person, you’re not a confrontational person, and you seem to be trying to do what’s right in this situation.”
Hawke appeared via CCTV, and told court he would make sure to follow the conditions, stating that he lived on the same street but didn’t speak to the people listed in the release condition. He will also be prohibited from possessing break-in tools during his sentence.
Chelala added that Hawke had Gladue factors, but waived the right to a formal report since he was in a time-served situation. He did request the victim-fine surcharge be waived since Hawke is unemployed and on government assistance, which Heudes granted.
Noble told court that on March 23, the Boyle RCMP received a call regarding a break and enter. A woman said Hawke had broken into a residence her husband was acting as a caretaker for — while the house was unoccupied, the man had been checking in on it periodically.
The man and woman attended the residence in Buffalo Lake, where they saw the door had been forced opened. The man called out asking if anyone was there and was answered by Hawke, who then left.
Hawke was later found, arrested, and released on an undertaking. The next day, March 24, the RCMP received a call from the same woman, saying Hawke was at the residence again, where he had been located inside.
