Matthew William David Greencorn was sentenced in Pictou Provincial Court Wednesday after Judge Del Atwood found him guilty of a break and enter into a dwelling house to commit mischief on Feb. 3.
Greencorn pleaded not guilty to the charge and testified that he was intoxicated when he entered the Westville mobile home. The court was told during the trial that Greencorn had left a party in the town around 3 a.m. and thought he knew someone who lived in the mobile home.
Greencorn walked in through the unlocked door of the home and was immediately asked to a leave by the home owner. He returned again and the home owner escorted him out once more but during his return a third time, he kicked in the front door in.
When Westville police arrived at the scene Greencorn ran from officers. He was placed under arrest and charged with break and enter, escaping police custody, resisting arrest and breach of a court order.
Before his trial began in October, he pleaded guilty to every charge, but the break and enter.
Atwood said Greencorn's defence of intoxication was unacceptable and he would be found guilty of the charge.
Crown attorney Patrick Young asked the judge to consider a sentence of four to six years in custody since the offence was not a "break and enter but a home invasion."
He added that Greencorn has three prior convictions of break and enter in the past five years.
Defence lawyer Doug Lloyd argued for a lesser sentence saying his client was not violent towards the homeowner, but more of a "drunken nuisance."
He said Greencorn is currently enrolled at the Nova Scotia Community College and has the support of his family.
Atwood agreed with the Crown that it was a "home invasion offence" especially after Greencorn went into the home the first time and realized someone was living there.
He said the accused's recklessness was a threat to the homeowner. He added that this homeowner was able to protect himself and handled the situation well, but questioned what would have happened if the home was occupied by seniors or a single mother home alone with young children.
Atwood said based on the number of cases that appear in front of him on a regular basis, break and enters are a significant crime in the county.
He sentenced Greencorn to three years in federal prison and also imposed a pair of three-month sentences for the escaping custody and resisting arrest charges. These will run concurrently to the three-year sentences as well a one-month sentence for breaching a court order.
Greencorn has been remanded in custody, but will return to Pictou Provincial Court on Dec. 9 to enter pleas on two drug-related charges, a weapons charge and a breach violation.
