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Pembroke – A 61-year-old Laurentian Valley man who repeatedly entered his neighbor’s garage to steal beer and other items on his property was sentenced to four months house confinement including wearing a GPS ankle monitor to ensure he never step foot on his neighbour’s property for the foreseeable future.
Terry Berryman stood before Justice Jeffery Richardson in the Ontario Court of Justice last week and pled guilty to break and enter and failure to comply with a probation order in relation to continually entering his neighbor’s property and helping himself to various items including theft of beer, theft of gasoline and trespassing despite being ordered to stay off the property.
Last year, Mr. Berryman appeared in court for similar charges when he admitted to stealing beer and sausages from the man’s refrigerator located in his garage. When asked at the time why he purposely entered the garage to steal the items, he responded at the time, “I am not sure Your Honour … I don’t even like sausages.”
A Victim’s Impact Statement was entered into the record that had the complainant state that what began as a simple nuisance to harassment and he had had video surveillance equipment installed to monitor his property because the harassment was becoming habitual.
Justice Richardson received a joint submission recommendation from Adrian Cleaver, defense counsel for the accused and the Crown Attorney’s Office and was of the opinion he had every right to reject the sentence due to Mr. Berryman’s attitude.
“On one hand I have half a mind to tell you I don’t think a Joint submission is appropriate,” he said. “Mr. Berryman does not seem to take his neighbor’s right to privacy, and his right no to be disturbed seriously. I dealt with this situation once before.
He then asked the defendant if he had anything to say for himself and he began talking about his neighbor’s dog at which Justice Richardson stopped him and began to lecture him.
“Don’t tell me about the dog. You are stealing this man’s stuff,” he said to Mr. Berryman. “You are drinking his beer, you are stealing his gas, and from his motorcycle and his lawnmower. This has nothing to do with a dog.”
Before sentencing, Justice Richardson reminded the accused of his previous hearing.
“Mr. Berryman, I told you last June to stay away from that man and stay off his property,” he said. What part of what I told you did not compute. Now do I have your attention this time because I am telling you sir you are one inch from going to jail.”
“I understand that Your Honour and I ain’t gonna go near that place no more,” Mr. Berryman said.
Justice Richardson imposed a sentence of four months home confinement, 90 of those days inside the dwelling with electronic monitoring. He was also ordered to attend any required counselling sessions and a three-year probation order. He was subjected to a curfew between the hours of 6 a.m. and 4 p.m. which matches the hours of when his neighbour is at work
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