Judge grants man an extended sentence
It's not every day a criminal being sentenced is given what he asks for.
It's not every day a criminal being sentenced is given what he asks for.
But when Chris Cornell asked for an extended sentence to what was initially proposed in territorial court last Wednesday afternoon, he received just that.
'A somewhat unusual request,' Judge Karen Ruddy commented when asked for the sentence.
She had proposed a sentence of 12 1/2 months to be served concurrently for charges of break and enter and theft, as well as time served for possession of stolen property and theft/forgery of a credit card and a 12-month probation term to follow.
However, Cornell asked if he could address the court, and told the judge he wanted a longer sentence.
'I'd rather do jail time than probation,' he said.
As Ruddy explained though, a probation order had to be put in place for the restitution order of $1,655.30 for the damage to the white Dodge Dakota he was found guilty of stealing. She said if he was concerned about work, the order could be transferred to another jurisdiction.
Crown prosecutor John Phelps also told the court there was a concern about the reintegration of Cornell after his jail term.
Cornell said he would rather get a longer sentence of two years that would take him to the federal system for programming there offered to inmates.
Court heard earlier the crimes were related to a drug problem the 23-year-old has that he's now trying to deal with.
Ruddy told Cornell a sentence of exactly two years would put him in the federal system while still permitting the probation order. The length of a sentence would likely go up in the future, she also told him, before questioning him again on whether he wanted the two-year sentence.
Cornell replied with a 'yes' before Ruddy granted the two-year sentence. She did so by changing the time to be served for the break and enter and theft to two years with the year-long probation sentence to follow.
Before she adjourned the court, she once again made sure Cornell wanted the two-year sentence, advising him that once she left the courtroom, she couldn't make more changes.
'Good luck, and I hope you're able to access the programming down there,' she said.
Prior to delivering the sentence, Ruddy ruled on the break and enter charges against Cornell and John Silas. Both were found guilty, with Silas also being found guilty of failing to comply with a probation order.
Ruddy referred to the evidence by Cornell during trial as 'fraught with inconsistencies' which he tried to backtrack on when questioned on them. Meanwhile, the evidence from Silas was 'minimal and sketchy.'
The case stems from the men's arrests last October at 810 Wheeler St.
Throughout the trial, evidence suggested the two had broken into two homes where a range of items had been stolen. They had been stored in a Northland Trailer Park home, with the resident contacting Whitehorse RCMP about what she believed to be stolen items they had brought to the house.
The stolen truck was left running outside 810 Wheeler St. when the RCMP arrested the pair.
After the arrests, a number of items were located on Cornell and Silas, such as a credit card on Cornell.
In addition to being found guilty for offences from that case, guilty pleas were entered into individual charges from other events.
Silas pled guilty to causing a disturbance. In summarizing the events around that case, Phelps said a police officer was driving his daughter to Whitehorse Elementary School.
After the vehicle parked on Black Street, Silas appeared, pulled the girl out of the way and began trying to get inside but was stopped by the officer. Other police were called in.
Ruddy sentenced Silas to one day deemed served, with credit approved for three months.
Although Silas didn't approve a pre-sentence report to be prepared, his defence counsel, Andre Roothman, read the court a statement the 22-year-old had written about his life.
He told the court he is a member of the Selkirk First Nation with a Grade 9 education. His mother and two younger brothers live in Whitehorse, with his father living in British Columbia.
Silas wrote that he was raised in the welfare system since he was young, often moving among group homes. Since then, he's had an anger toward authority figures. However, he doesn't want to have any more trouble with the law.
During his time in jail, he told the court, he has gotten to know himself better.
In addition to the substance abuse programs at the jail, he's also taken a welding course through Yukon College, something he wants to pursue further by enrolling in the welding program at the college to become a welder.
He's also been in contact with his first nation about attending a detox program once he's out of jail.
'He feels that he's on the right path now,' Roothman told the court.
Before being sentenced, Silas spoke up, telling the court he accepts responsibility for his actions and that he wants to move on in his life.
'I just want to work on myself when I get out,' he said.
Meanwhile, one of the possession of stolen property charges against Cornell stemmed from a separate incident from last October 2004.
The court heard Cornell had brought four tools to Cash Converters last Oct. 19, receiving approximately $40. Then, on Oct. 25, more tools were recovered by the RCMP. The tools at Cash Converters were also identified as belonging to the same owner.
The approximate value was $2,050.
The pre-sentence report by Cornell's lawyer revealed Cornell was born and raised in the Yukon. His mother was his primary caregiver until he was about 10, and he had no father figure in his younger years. He also has two younger brothers.
From the time he was 10 until he was 13, he was bounced around among relatives and foster homes. After 13, he was essentially on his own, securing his own residence at 16.
As a teenager, he had a father figure, whose camp he spent time at.
While he had initially had a Grade 9 education, he has since obtained his high school diploma. He was also fairly steadily employed until about May 2004.
Defence counsel Lynn MacDiarmid went on to tell the court while Cornell was a heavy drinker, he completely quit drinking three years ago. However, he's developed a dependence on crack cocaine.
He was off drugs for awhile, but went back to them last summer, the court heard.
During his time in jail since last October, he's taken a number of courses, including a firefighting course where he gained a certificate.
He also attended counselling, anger management and violence prevention courses, doing well in custody and making good use of his time in jail, MacDiarmid reported.
She went on to note Cornell is motivated to get off drugs and has applied to attend the Beaver Lake detox centre.
As part of their probation orders, Cornell and Silas cannot be in contact with one another.
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