A judge had a pair of opposing issues to weigh when sentencing a man for possession of a stolen motorbike.
Daniel Leslie Burgess has a criminal record heavy with property crime, including 13 convictions for possession of stolen property, three theft convictions and four break-and-enter convictions.
“In my submission, a very aggravating record for property crime. It’s also aggravating that he’s on probation for the very offence he commits on June 13, possessing stolen property,” Crown counsel Kurt Froelich said in court Wednesday morning.
On the other hand, Burgess has claimed to be clean for some time and attempting to get his life back on track — something corroborated through a letter from his wife Cheryl Aeichele and an associate who noted in court that Burgess helped him to get clean, as well.
Burgess was charged with theft of a motor vehicle, flight from police, dangerous driving and breaking probation orders. He pleaded guilty to a lesser offence of possession of stolen property, rather than theft of a motor vehicle.
Two motorcycles reportedly went missing from a Penticton man’s garage overnight on June 12, including a Honda and a Kawasaki.
The next day, Burgess was twice spotted driving one of the motorcycles, leading the police on a brief chase in one of those instances, before police gave up the pursuit due to heavy traffic.
He was later seen entering a vehicle by an officer, who arrested him for breaching curfew from a probation order.
At that time, it was determined Burgess matched the description of the man on the motorbike, both in his clothing and his tattoos. Later in the evening, the motorcycle was found stashed about 100 feet from where Burgess was arrested.
Initially denying his involvement with the motorbike, Burgess later admitted to driving it, but has maintained that he did not steal the motorbike.
He called for a sentence of 12 months for the possession of stolen property, along with 60 days in jail for the probation breach, making a total of 14 months.
But defence lawyer Norm Yates argued that Burgess has been sober for some time, and that he came into possession of the motorbike as a small motor mechanic, because the person who had brought it to him said it was overheating.
“He knew, or certainly should have asked more questions regarding the ownership of the bike, and he pleads guilty to the count,” Yates said. “He fixed the bike, took it out for a ride. That explains why somebody saw him at the convenience store down on South Main.”
Yates argued he was taking the motorbike to return it to the person who brought it to him when he was subsequently seen.
He added that Burgess is “resolved to get better,” often with the help of his common law wife, who reportedly keeps Burgess on a clean path. He added that Burgess has helped at least one other person in the courtroom to get clean of an opioid addiction.
“He doesn’t want to be addicted. He wants to be a contributing member to the community,” Yates said. “He has support in the community and intends to continue with his efforts to stay clean and be clean. He desperately wants to maintain his relationship with his wife.”
Yates called for a total sentence of six to 12 months in jail, along with probation, minus 96 days for time served.
Judge Gale Sinclair sentenced Burgess to 11 months in jail, minus about three months for time served, landing him a total of eight months before he is out.
That will be followed by 18 months probation and an 18-month driving prohibition.
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