A man charged with breaking into an Airline Inn room housing a family of four has been sentenced to three years in jail and two years'probation.

Yukon Supreme Court Judge Leigh Gower handed down the sentence Thursday.

Given a two-to-one credit for his 10 months in pre-trial custody, that leaves Len Kenneth McGinnis, 41, with another 16 months in jail.

Gower delivered the sentence after Crown prosecutor John Phelps argued for a three- to four-year jail term and defence lawyer Gordon Coffin suggested a three-year sentence for the crime on Wednesday. Both suggested a probation term.

Going over the facts of the case Thursday, Gower noted that last Dec. 19, McGinnis and his partner, who he hasn't named, broke into a room at the Airline Inn.

McGinnis had agreed to provide backup for his partner, who approached him with the 'job'.

McGinnis had only agreed to help with the break-in and theft of drugs and cash after he was told the man they were stealing from was a drug dealer who also abused children. He was also told there would be a maximum of four adults in the room and didn't know weapons would be involved.

The court also heard that his partner knocked on the door of the hotel room at around 10:30 that night, then partially lifted up McGinnis' mask and pushed him inside.

Inside were a man and woman with two children. As the man attempted to defend himself with a bat, McGinnis grabbed the weapon and forced the man on the bed.

Before stealing a safe containing $3,800, McGinnis' partner sprayed bear spray in the room and took off.

The safe was never recovered.

Among the aggravating factors in the case, Gower noted, is that it can be defined as a home invasion and that McGinnis was motivated purely by greed.

'He acted as hired help,' Gower said, adding McGinnis showed 'complete disregard' for people involved.

He also intended to wear a mask, which was thwarted by his partner.

Also aggravating the case was evidence of a plan.

As well, McGinnis has an extensive criminal record and was on a conditional sentence at the time.

Gower acknowledged McGinnis' early guilty plea and his early statement to police after being arrested as a mitigating circumstance in the case.

However, the judge also pointed out: 'Even here, Mr. McGinnis never provided full and complete information.'

The offender also had to be conjoled into the crime, and he was not aware of children or weapons being involved.

It appears his partner also used him as a distraction or interference for the theft and McGinnis hasn't seen any profit from the crime.

Although Gower pointed earlier to McGinnis' extensive criminal record, he also noted the gaps in his record from 1987 to 1998 and from 1999 to 2005.

Gower pronounced himself satisfied that between three or four years would be an appropriate sentence based on the case law.

Pointing to McGinnis' stated desire to change his lifestyle and his prospective employment, Gower opted for the three-year sentence with a two-to-one credit for his pre-trial custody.

McGinnis had provided a letter to the court from himself showing his desire to change and a letter from a company in Prince George, B.C. wanting to hire him for autobody shop work.

The court also learned that McGinnis studied autobody work and mechanics in California during the 1980s and has made much of his living off that type of work, at times owning his own shop.

Going into further detail on his background, it was noted that McGinnis was born in B.C. and spent much of his early childhood moving between his mother's and grandmother's homes.

After his grandmother died, he and his mother moved to Watson Lake until he left home when he was 12.

Over the years, his mother suffered from drug addictions until her eventual overdose four years ago.

McGinnis lived on the streets of Surrey, B.C. for a number of years.

He was also married in the early 1990s and has a daughter from that relationship.

In his letter, he told the court he wants to become a role model, not only for his daughter, but for other youth .

Since becoming sober and drug-free in jail, McGinnis has stated he wants to continue that lifestyle after he's freed.

Following his release, he plans to move to Prince George to work for his prospective employer.

After handing down the sentence, Gower suggested McGinnis try to take advantage of programs such as Alcoholics Anonymous and Narcotics Anonymous.

'That's the kind of program that's likely to help you the most,' he said. 'It will be for your benefit in the long run.'

As the court heard earlier, though, McGinnis didn't have access to the group programs because he was in solitary remand custody.

He also didn't have access to core programs because they haven't been offered due to staffing and facility problems.

Gower suggested that if McGinnis becomes the 'squeaky wheel', jail staff may help him find away to access programs like NA and AA.

He also said if McGinnis is serious about becoming a role model, he may want to talk to his probation officer after he's released about speaking to youth groups about his experience.

Further charges of theft and break and enter were stayed.