PICTOU
A 61-year-old man has been fined more than $5,000 in relation to multiple offences, including break and enter.
Donald J. MacDonald was sentenced in Pictou provincial court Monday on charges of break and enter, failing a breathalyzer and two counts of breach of a recognizance. The break and enter occurred in a New Glasgow apartment building on Jan. 11, 2017, when MacDonald was found in a woman’s apartment without her permission. He was under the influence of alcohol at the time and had moved several of her items inside the apartment including her pictures, underwear, towels, bedding and makeup.
In a victim impact statement to the court, the woman, who was not home at the time of the break and enter, said the incident caused her to fear for her safety and has her always looking over her shoulder. She said she continues to wonder if she will find another intruder in her home.
MacDonald was also charged with violating his bail conditions in March 2017 by violating his curfew, and failing a breathalyzer in July 3, 2017, when his reading was well over the legal limit. He was charged on this date with a second bail violation for not abstaining from alcohol.
The Crown had asked the court to consider 33 months in federal prison for MacDonald while the defence said a fine and probation was much more appropriate.
Judge Del Atwood said Monday that the break and enter had a profound impact on the victim, but the facts presented to the court proved it was not pre-planned, didn’t include violence and wasn’t done for profit.
He said all signs point to MacDonald having an infatuation with the woman in the apartment, and it was serious break-in that was foiled by the woman’s son who happened to enter when MacDonald was there.
Atwood said the accused knew that drinking too much alcohol got him in trouble with police in regard to the break and enter, yet he still got behind the wheel of a vehicle a few months later while intoxicated.
The judge pointed out that MacDonald has taken counselling for both his addiction to alcohol and mental health and relies heavily on the support of the Alcohol Anonymous.
Atwood sentenced MacDonald to a $2,000 fine, saying it would have been $3,000 except for a charter remedy, since police held MacDonald in custody for 16 hours before taking him before a judge or justice of the peace.
He said police made an “erroneous interpretation” of the law by detaining MacDonald for 16 hours in January 2017 when he could have been before a justice in a shorter period of time. The law states that an accused can be held up to 24 hours, but they must be taken before a justice without unreasonable delay.
In addition to the $2,000 fine, MacDonald was also sentenced to three years’ probation that includes strict conditions to stay away from the victim and abstain from alcohol.
He must also pay a $1,500 fine for the impaired driving charge and is prohibited from driving a vehicle for 15 months. He received two $300 fines for the breach as well as $1,140 in victim surcharge fines. He was given two years to pay the fines.
Atwood told MacDonald his sentence is not a “get-out-of-jail-free card” and that he must follow all of the conditions or he could find himself back in court.