Judge considering submissions before sentencing man guilty of mischief

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PICTOU – A 26-year-old man found guilty of mischief in relation to an alleged home invasion in Trenton in March 2013 has had his sentencing adjourned. 

Micah Scott Osborne was set to be sentenced Tuesday in Pictou provincial court, but Judge Del Atwood asked for more time to consider a defence submission for a conditional discharge.

Osborne was found guilty of mischief in relation to an incident in March 2013. He was found not guilty of a charge of break-and-enter in connection with the same incident, while three other men are currently charged with break-and-enter as a result of the alleged invasion and currently are making their way through the court system.

Crown attorney Bill Gorman said Osborne knew what he was getting into when he drove three men to one home and watched them damage a vehicle and proceeded to drive them to a second home in Trenton. 

He said Osborne’s pre-sentence report states he is remorseful for his actions, but blames the other men with him that night for getting him in trouble.

“It is not a fulsome statement of remorse,” said Gorman. “There is some denial of responsibility.”

Gorman recommended Osborne be sentenced to a conditional sentence order of 12 to 15 months for his involved, which would include a period of house arrest.

“He is not considered a great risk to the community but a long conditional sentence order will ensure he stays put and on the right path,” he said.

Defence lawyer Stephen Robertson argued that his client is already headed in the right direction by getting married, supporting his two children, working and going to school. He said he has also moved out of Pictou County and calls the men he was with on March 2013 his “former friends.”

“Mr. Osborne is very unlikely to find himself in this type of situation again,” he said.

Robertson submitted an application to the judge asking for a conditional discharge for his client that would leave him without a criminal record once the sentence was complete.

Atwood said he needed time to consider both the Crown’s and defence’s recommendation and adjourned the sentencing until May 20. 

Geographic location: Pictou County, Trenton

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