Robert Douglas MacInnis, 26, and Corey Calverly, 24, were sentenced to 24 months in prison after pleading guilty to mischief and damage to property.
Both men were originally charged with break and enter into a dwelling with the intent to commit assault, but pleaded guilty to the lesser charge of mischief in connection with two incidents in March 2013 that included damage to a vehicle in New Glasgow and in a Trenton home.
The men had entered not guilty pleas to the break and enter charges and were going to be tried separately, but when they entered the guilty pleas to mischief they agreed to a joint sentencing.
Provincial court Judge Del Atwood said both men have low or non-existent criminal records and are “hard working men” who support their families.
“When I refer to these mitigating factors, I mean they suggest that Mr. MacInnis and Mr. Calverly will be guardedly favourable candidates for rehabilitative sentences,” he said. “None of these considerations mitigates or lessens the seriousness to these severe offences or lessens their responsibility. These are serious criminal acts that involve threats by violence with actions as well as callous invasions of someone else’s personal space.”
According to earlier testimony, MacInnis heard from his half-brother, Calverly, that his girlfriend was having an affair with another man so MacInnis started to drink heavily with friends and later headed out to confront two men centred in the gossip.
After a stop at one home and doing some vandalism of a van, MacInnis and three of his friends travelled to the home of Brent Falconer in Trenton. Falconer testified that MacInnis kicked in his front door and damaged property in his home.
Atwood acknowledged that the large amount of alcohol they consumed that night is also no excuse for their actions.
“While Mr. MacInnis and Mr. Calverly had been drinking quite a lot in the hours leading up to (the incident), nobody was pouring anything down their throats. Furthermore, the court is well aware, people will often utilize alcohol to steel the will when planning to do the unsavoury so alcohol consumption hardly lessens the individual’s degree of responsibility,” he said.
He said there are many cases of this kind of home invasion in Pictou County that involve young men taking consequences into their own hands.
“The type of near home invasion is a very serious violation of people’s expectation of security and safety in their homes,” he said.
The Crown had asked the judge to consider a sentence of three years for both men while the defence asked for probation or no more than eight months in a provincial jail. If the judge didn’t agree to these requests, a third option put forth by the defence was for the men to serve two years in a federal prison.
Atwood sentenced both men to two years for the mischief charge and an additional four months concurrent for the damage to the van. He also handed them a three-month sentence for damage to Falconer’s home, but it will run concurrent to the two-year sentence.
Atwood said restitution could be sought privately by owners of the vehicle and home rather than being ordered by the court.
