Judge hands down 18-month probation term
A 54-year-old Whitehorse man was handed an 18-month probation term this morning for a list of offences that range from theft to uttering threats to intoxicated driving.
A 54-year-old Whitehorse man was handed an 18-month probation term this morning for a list of offences that range from theft to uttering threats to intoxicated driving.
John Fraser also received credit for the 47 days he's spent in custody awaiting court appearances on a number of matters.
Judge Michael Cozens handed down the sentence after reviewing the circumstances of matters going back to 2011.
As the court heard, it was on Dec. 23, 2011 that RCMP were called to the Extra Foods store downtown, where it was found Fraser had been caught stealing meat, valued at $20.41. He was on probation at the time.
Fraser also faced a number of charges from 2012. In one instance, RCMP were called to the Salvation Army, where Fraser had threatened one of the staff there both verbally and by making a stabbing motion with his hand.
Then, in August, he was found outside the Canadian Tire security gate near the automotive area with a stolen backpack, worth $99 from the store. He appeared intoxicated.
A mischief charge came later after he was heard banging on the RCMP detachment pushing a bike rack and other times up against the door. While there was no damage to the building, Fraser was arrested and charged with mischief.
This past February, RCMP were once again called to the Salvation Army after Fraser entered the building and went into the dining room, causing a disturbance. Under a recognizance, he wasn't allowed to be there.
The reports all involved Fraser appearing to be intoxicated.
Finally, just a little more than two weeks ago, on April 13, the RCMP followed up on a report that Fraser was driving a vehicle while intoxicated.
As police followed the vehicle, it slowed down at a stop sign but didn't come to a full stop. It then veered into the other lane.
Fraser was in the driver's seat and appeared intoxicated - with the smell of alcohol on his breath, slurred speech and the fumbling of documents – to the officer.
Force was required, and Fraser refused to answer any questions at the detachment.
He also insisted that he needed to go to the hospital, though he wouldn't say why. Once there, he lost consciousness, but was later deemed by doctors as suitable for incarceration.
After the court was presented with the facts of the various charges, it was also presented with a summary report from the Community Wellness Court that went into his background, noting that Fraser has struggled with an alcohol addiction since the 1970s.
As his lawyer, Lynn MacDiarmid, noted later, he was born and raised in the Wetaskiwin area of Alberta, spending the early part of his life being raised by his maternal grandparents before they became too elderly to care for him and he was placed in foster care.
Fraser's record of 50 convictions since 1976 shows no significant gaps except from 1983 to 1990, when he served a six-year sentence.
However, as MacDiarmid pointed out, the severity of his offences has lessened, with his last violent offence having occurred in 2002.
It was also stressed that though he was involved with the Community Wellness Court and that wasn't successful, there was some success.
As well, Fraser has stated that learning of the harm, potentially death, that can come with mixing alcohol and the prescription medication he takes has given him more motivation to give up alcohol.
While the Crown called for a term of further incarceration, MacDiarmid argued for a probation term that would allow him to pursue the drug and alcohol residential program, which begins in early June.
Cozens gave credit for the time served and handed down the 18-month probation term.
It includes a requirement that he abstain from alcohol, among other conditions.
Fraser is also subject to an 18-month driving prohibition.
Comments (4)
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flyingfur on May 1, 2013 at 5:06 am
Sadly, this guy will learn the hard way...and I don't mean actual time in jail. He might have been better served by being incarcerated and in a place where he absolutely had no ability to hit the Off Sales where they don't know that he is on probation. Eventually he will end up before the Coroner as opposed to the Judge.
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Clayton on Apr 30, 2013 at 8:56 am
Gee, with all these "slaps on the wrist" kinda makes me wonder why I work, might as well start being a thief! lol (Bad Joke), but seriously, how come no one has to do time here!
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Don McKenzie on Apr 29, 2013 at 11:00 am
WHEN IS IT GOING TO BE ENOUGH TO PUT THIS PUTZ BEHIND BARS FOR MULTIPLE YEARS??? It is putrid, that serial slime get to keep getting slaps on the wrist. Seriously, what deterrent is it to get more probation, for breaking probation?
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June Jackson on Apr 29, 2013 at 10:48 am
The man is 54 years old.. 50 convictions, hard time.. and got time served and probation.