A 33-year-old man, who racked up his 12th conviction for driving while prohibited, avoided a prison term when a judge noted that his health issues had not been dealt with properly behind bars.
“I agree with the Crown that your criminal record is horrible,” Justice Gethin Edward told Richard T. Bomberry of Six Nations of the Grand River.
“This will make 12 convictions for driving while prohibited. My initial posture was you should be sentenced to the penitentiary based on that alone.”
But, said the judge, sentencing should follow the principal step, rising for each new conviction for the same crime but not escalating unduly.
The last time Bomberry was sentenced for driving while prohibited he was sentenced to three months in jail.
“To jump from three months to the pen would be excessive,” said Edward. “I’m also taking into consideration your medical issue was not property managed (in jail) and that needs to be a consideration.”
In pain due to a hip and leg injuries, Bomberry, while in pre-trail custody, unsuccessfully asked to see a doctor multiple times because he couldn’t sleep.
Defense lawyer Cristina Valerie said she notified the jail several times trying to connect her client with a doctor.
Bomberry was charged with 44 offenses from Dec. 14, 2021, and February of this year.
He pleaded guilty to fraud with a bank card under $5,000, possession of stolen tools, possession of a stolen vehicle, possession of a stolen backpack, driving while prohibited, dangerous operation of a vehicle and flight from police.
Valeri said her client is serious about trying to get help.
“He’s working on getting a status card again and a health card. That will help him get on the methadone program because his pain leads to his drug use.”
Valéri said Bomberry wants to get into a residential treatment program after his release.
“He acknowledges his record is aggravating.”
In a letter to the judge, Bomberry said he put the community and Brantford police officers in danger.
“I lost my dad, my grandma, my aunt and my uncle to COVID in the last few years, so I was taking it bad. I want to better myself.”
The Crown sought a 27-month prison sentence for Bomberry. But Valeri asked the judge to consider a time-served sentence of more than a year..
Edward agreed to give Bomberry enhanced credit for time spent in jail but added an 11-month sentence.
Once released, Bomberry will be on probation for two years, during which he must get counseling for substance abuse and either get into a residential treatment program or find a job.
He is prohibited from driving for 20 years.
“Essentially, you’ve forfeited the right to drive based on a horrendous record,” said Edward. “When you do drive you put people in peril.”
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