.jpg;w=960)
BARRHEAD/WESTLOCK - A Big Stone Creek Nation man received a 120-day sentence and six months probation for break-and-enter in Westlock County.
Vincent Isaac Nanooch pleaded guilty, appearing via CCTV from the Edmonton Remand Centre, to break-and-enter with intent and failing to comply with an undertaking at Barrhead Court of Justice on Jan. 9. The Crown withdrew a charge of possessing a controlled substance.
Justice Gregory Arnold Rice sentenced Nanooch to 120 days in jail, six months probation and 30 days in custody served concurrently.
Due to the 33 days, Nanooch has been in custody at enhanced credit, 70 days remain.
The facts
Crown Anthony Estephan said on Dec. 7 2023, RCMP, at about 8:20 a.m., responded to a complaint in Westlock County about an unwanted man who had started a hay bale on fire.
When they arrived on the scene, nearby residents gave them a description of the alleged culprit.
They then patrolled the immediate area and spotted a man who matched the resident's description, who they later identified as Nanooch, at a residence where the security alarm had recently sounded.
"He had two backpacks on him and was on [court conditions] not to be in Westlock," Estephan said. "[Residents] informed RCMP that [Nanooch] had attempted to break into the home on the property, causing the alarm to go off and was seen on video attempting to enter the residence, therefore committing break-and-enter."
He added that the RCMP then searched Nanooch and discovered the "Schedule 1 drug, crystal meth", along with a syringe and other drug paraphernalia in the accused's backpack.
The Crown asked that for the break-and-enter charge, Nanooch receives a 120-day jail sentence with six months of probation, while for the lesser failing to comply charge, 30 days in jail served concurrently with the first charge.
On the probation side, the Crown asked for the standard conditions that Nanooch reside in an approved residence, attend mandated counselling for drug and alcohol abuse and not go within 200 metres of the residence he attempted to break into.
"In the Crown's eye, this is a drug-infused incident," adding that Nanooch does have a criminal record with similar property crime convictions. "Of course, a B&E is among the most serious offences, but given the unsuccessful nature of it, I believe it falls on the low end."
The defence
Defence lawyer Christopher Chelala suggested 90 days incarceration for the B&E charge and 30 days for failing to comply with conditions while agreeing with the six-month probation condition.
He added that his client is 29 years old, has six children, has a ninth-grade education and works as a labourer on the Big Stone Creek Nation.
Chelala said that despite his client's Indigenous background, his client is waiving his right to a Gladue pre-sentencing report.
A Gladue report is a document courts can use when considering the multitude of factors that can cause an Indigenous person to become in conflict with the law.
"His parents and grandparents attended residential schools and suffered from drug and alcohol abuse," Chelala, adding due to the intergenerational trauma in his family, Nanooch has also had issues with substance abuse. "It is something he still battles with, even though he has had long periods of sobriety."
Justice Rice called the Crown's suggestion of 120 days incarceration "spot on", saying break-and-enter is a grave offence and that had he been more successful, he would be looking at substantially more jail time of upwards of two years.
Rice also credited Nanooch for taking responsibility for his actions with his early guilty plea, saying he noted in his criminal record that goes back to his youth and ends in November 2023. In his record, there is a seven-year period with no offences.
He added that substance abuse, Gladue factors and intergenerational trauma reduced Nanooch's moral blameworthiness is reduced.
"But it is still reasonably high due to the terms of this matter," Rice said, adding he agreed with Crown and defence counsel who contributed much of Nanooch's criminal activity to his addiction issues.
