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BARRHEAD - Failing to comply with court-ordered release and registering conditions landed a Barrhead man with a 90-day jail sentence.
Justice Gordon Putnam handed down the sentence, accepting a joint Crown-defence submission to Hunter Kashe Sperling-Veitch at Barrhead Court of Justice on June 11 after pleading guilty to one count of failing to comply with a release order (curfew) and one charge of failing to comply with registry requirements under Sex Offender Information Registration Act (SOIRA).
However, because of the 80 days at 1.5 enhanced credit that he has already spent in incarceration, Sperling-Veitch was in a time-served situation.
The Crown also withdrew one charge of failing to comply with court orders and two counts of theft under $5,000, mischief damage over $5,000, break-and-enter other than a dwelling house and failing to comply with an undertaking related to another incident.
Facts of the crime
Crown prosecutor Dallas Sopko said that on March 11, 2024, in the County of Barrhead, an officer was conducting a routine curfew check on the accused at his approved residence, which he was required to be at 24 hours a day and did not have permission to leave.
"The officer attended the residence and knocked on the door several times with no answer. The officer announced police presence and called out to the accused, but there was no answer at the door," Sopko said. "After several minutes of attempting to locate the accused on the property, the officer determined that Mr. Sperling-Veitch was not complying with his conditions."
Sopko added the second charge related to the accused failing to check in with local police as required after an October 2017 conviction under section 151 of the criminal code for sexual interference.
He added that because of the conviction, Sperling-Veitch was placed under a 20-year SOIRA order requiring him to comply with specific registration and reporting requirements.
Sopko said the most pertinent is the need to check in with local police annually to update them on his living situation and employment.
"[Sperling-Veitch] was required to do this between Sept. 12 and Oct. 12 of 2023. And he failed to do so, contrary to the order," he said.
Crown's position
The Crown said that as part of the joint submission agreed to with the defence, he sought two 45-day sentences for each charge served consecutively.
Sopko said aggravating factors included the accused's criminal record, which consists of 14 convictions in the last seven years, including two other breaches of the same SOIRA order, one of which he received 24 days in custody and the other 60 days in custody.
Sopko added that Sperling-Veitch also has a conviction for failing to comply, for which he received 20 days, and a conviction for breach of probation, for which he received 12 months.
On the mitigating side of the ledger, there is the guilty plea at the docket stage prior to setting a trial date, Sopko said.
"My respectful submission that what we are jointly proposing is a fit and proper sentence," the Crown said. "He has received 24 and 60 days for the same thing, so 45 days is right in the middle," he said. "The court might say, Mr. Sopko, shouldn't the same principle apply?"
He added that he did not have the details on why Sperling-Veitch received such a significant jump from 24 to 60 days but noted that the proposed sentence includes a substantial jump from 24 to 45 days.
The defence
Defence lawyer Chinoso Obiorah said his client is 29 years old, has a Grade 10 education and comes from a troubled home.
"Growing up (he) bounced around living with his grandmother to his uncle, back to his parents," he said. "His dad is an alcoholic, and his mom still struggles too."
Obiorah added that his client also has a learning disability he has struggled with all his life and has contributed to his criminal record.
However, he said that Sperling-Veitch has taken significant steps to turn his life around in the last two months especially.
"[My client] apologizes for his actions; his early plea shows he is very remorseful and taking responsibility. He wanted to let the court know he wants to continue to take steps that will allow him to continue on his trajectory and stay away from the justice system."
Barry Kerton, TownandCountryToday.com
