A 33-year-old Smithers man will serve a period of house arrest in Burns Lake, following more than 30 days already spent in jail on a number of nuisance charges.
Frederick Patrick pleaded guilty in Smithers provincial court Feb. 12 to one count each of breach of a recognizance, causing a disturbance and obstructing a police officer.
The house arrest is part of Patrick’s bail conditions, but BC Prosecution Service spokesperson Dan McLaughlin told Lakes District News that because the case continues before the court, the service can’t comment on the case’s circumstances and its connection with the bail conditions.
Patrick has been in custody since Jan. 23 on unrelated charges of assault causing bodily harm, assault with a weapon, uttering threats and possessing a weapon for a dangerous purpose. He was scheduled for a bail hearing on those charges following disposition of the three other files.
On the earlier charges, related to three separate incidents on Dec. 17, 2018, and Jan. 11 and 18 of this year, the Crown and defence had agreed to a 51-day combined sentence, but disagreed on whether the defendant should be credited for time-served on the new charges.
Sabrina Avery for the prosecution argued that while the court may have discretion to apply the credit, the judge should not exercise that discretion in this case citing an unbroken pattern of offending dating back 20 years and including 12 convictions for assault, five for uttering threats and 57 breaches.
Michael Murphy, Patrick’s counsel, submitted that his client’s criminal history was entirely related to severe struggles with alcoholism. Patrick, he said, had taken it upon himself during his incarceration to get accepted into a treatment program and that if the judge did not apply the full credit, his client would miss his intake date of March 17 to a facility near Kitwanga.
Patrick made an impassioned plea on his own behalf telling the court that if he didn’t get this help, he was surely on an inexorable path to death by alcohol, a fate that befell his older brother.
Avery countered that Patrick had had similar opportunities to enter treatment in the past, but missed out by his own actions.
Judge Judith Doulis sided with the defence. She agreed to the 51-day sentence applying eight days credit from the previous charges and 22 days for the defendant’s latest incarceration at a rate of 1.5 times for pre-sentence custody for a total of 45 days credit.
Following the sentencing, the court proceeded with a bail hearing on the outstanding, more serious charges, details of which cannot be published due to a publication ban.
On Feb. 14, the judge decided to release Patrick on at least 18 conditions including house arrest in Burns Lake, no contact with his alleged victim, not being within 30 kilometres of Smithers except for court or in a moving vehicle headed somewhere else, and attendance at and completion of the treatment program from March 17 to May 10.
Patrick is due back in court on Feb. 26 for arraignment.
