BOYLE — An Athabasca-area man received a longer sentence for his latest property crime charge after admitting to his role in a rural break and enter.
In Boyle Court of Justice on Feb. 27, Jason Wayne McMullen, 42, pleaded guilty to one count of break and enter to commit theft as part of a joint submission between defence counsel Mark Jordan and Crown prosecutor Robynne Thompson. One additional count of possession of a weapon and one count of failure to comply were withdrawn after sentencing.
Justice Robert Shaigec accepted the joint submission and warned McMullen about the gravity of his actions. “This is a very serious charge that is a very common occurrence in rural Alberta. If someone had been home, very terrible things could happen — to the homeowner, to you, it just depends, it just creates such a dangerous situation.”
“The only factor, Mr. McMullen, that brings the sentence down where the joint submission is is the guilty plea,” added Shaigec.
The Justice waived the victim-fine surcharge and sentenced McMullen to 210 days in custody, of which 187 days of enhanced credit had already been served. The sentence will see McMullen spend an extra 23 days in jail following his 125 actual days in custody.
Prior to sentencing, Thompson presented McMullen’s criminal history to the court, highlighting property crime convictions in his past as aggravating factors.
“There are related offences in 2019, 2017, and 2016, which are break and enters. Mr. McMullen previously received 180 days on a global sentence for that in 2017,” said Thompson. She added he had, “No other break and enters after 2017, but related property offences.”
“This type of conduct, sir, is also quite prevalent in rural communities, which is also aggravating. However, of course, the guilty plea is particularly mitigating,” said Thompson.
McMullen’s defence lawyer made several submissions on his client’s behalf, detailing elements of McMullen’s education and employment history, as well as his personal struggles.
“He’s from Athabasca, he has a Grade 12 education, he also went to NAIT for small engine repair,” said Jordan, who added McMullen has worked as a driller and journeyman scaffolder.
“The record before you I submit speaks of somebody who’s battled with addiction issues, but while in custody he has worked on himself,” said Jordan. McMullen has spent time in a bootcamp unit at Edmonton Remand Centre, quarters reserved for inmates with good behaviour.
He has also participated in both Alcoholics Anonymous and Narcotics Anonymous and is eager to see his young daughter upon release.
Thompson told court on Oct. 26, 2023, Boyle RCMP responded to a call from an Athabasca County resident who was working away in Fort McMurray. The resident noted his home security system alarms had been set off, and live security camera footage showed two males on his property.
Upon arrival, officers spotted a vehicle a short distance away from the property and conducted a traffic stop. Two individuals were identified, one being McMullen, and officers located clear tire tracks in fresh snow from the vehicle to the residence. A door to the residence was found open with signs of damage, and partial footsteps and snow were found inside.
A small trailer attached to the vehicle and over $5,000 in tools were recovered, both belonging to the property owner.
