A local business owner was sentenced to jail time after a Yukon Supreme Court hearing found he broke the rules of his sentence.

Cary Goodman, 37, was given 30 days in jail Wednesday for breaking his conditional sentence twice in the first two weeks.

After pleading guilty to two counts of fraud, totalling $318,575, Goodman and his co-accused were given a 15-month conditional sentence on Oct. 18.

This means that rather than serving more than a year in jail, Goodman was permitted to carry out his sentence in the community, provided that he follow a series of rules.

Goodman was in court this week for allegedly breaking the rules three times, according to court documents.

The breaches included the fact he was not in his house on two occasions when probation officers went to check in on him and that he missed a meeting with his conditional sentence supervisor.

The first time Goodman wasn't home was on Oct. 21.

He was supposed to be home between 8:00 and 8:30 p.m., according to his conditional sentence supervisor, Duncan Netzel.

He found Goodman, however, in the back room of Goody's Gas Bar at 10:40 p.m. counting money.

Located in Porter Creek, Goody's is one of two businesses Goodman owns in Whitehorse.

Justice Ron Veale dismissed this first breach because Goodman had verbal permission from Netzel to work and to attend a hockey clinic that weekend.

Netzel had told him he could leave home for these reasons even though his conditional sentence stated he needed written permission.

The only reason this breach was dismissed is because Goodman had a 'reasonable excuse,' Veal told the court.

The judge stressed he wanted to make it clear that conditional sentence supervisors should never give someone verbal permission when it clearly states on their sentence order that they need written permission.

Goodman was brought to court on Oct. 27 on this breach, then released on bail with the order to follow the rules of his sentence.

He was clearly told that conditional sentence orders are not to be trifled with, Veale told the court.

After a meeting with Netzel and another probation officer on Oct. 28, Goodman was directed to come in again on Nov. 1, Veale said.

He didn't show, however.

While Goodman initially told Netzel on the phone that he had gotten the date wrong, according to Netzel's testimony, Goodman told the court he was not clear when he was supposed to come in for the next meeting.

Missing the Nov. 1 appointment was 'a clear breach of a direction given to Mr. Goodman,' Veale said.

On the third occasion, which occurred the next day, Goodman admitted to being out of his house without permission.

'This court treats breaches of conditional sentence orders very seriously,' Veale said.

When offenders break the rules of their conditional sentences, it is presumed they will spend the remainder of the sentence in jail, Veale told the court.

This would have left Goodman with a little over a year remaining.

However, due to the money Goodman still owes, the effects that incarcerating him for that period of time would likely have on his family, and for the impact it would likely have on his co-accused, Veale did not send him to jail for the rest of his sentence.

Instead, Goodman was ordered to spend 15 days in Whitehorse Correctional Centre for each of the breaches.

Since he was convicted of two breaches, he will spend 30 days in a row in jail.

He was sent directly to jail from the courthouse Wednesday afternoon.

Goodman's conditional sentence will resume when he is released from jail.

The Whitehorse resident, who co-owns Yukon Appliances Ltd. and Goody's, pleaded guilty to fraud and forgery earlier this year for two housing loans issued from the Yukon Housing Corp.

One loan was taken out under the territorial corporation's Home Completion Program.

The other loan, which Veale described as a complex scheme, was part of the Home Ownership Program and involved using another woman's name to take out the loan.

The case first came to RCMP attention in August 2002; however, police did not lay charges until Aug. 30, 2004.

Earlier this year, Goodman and his co-accused asked the court to throw out the charges because it had taken so long to bring the case to court.

Veale dismissed the application.