A thief who pleaded guilty to 19 of 60 charges didn’t get the time-served sentence he had expected.
Instead, Ontario Court Justice Gethin Edward sent Thomas W. Lush to jail for one year.
“You have to have a meaningful incarceration to get some assistance,” Edward told Lush, ignoring a joint Crown-defence submission that the man be sentenced to 15 to 19 months of time already spent in jail.
Defense lawyer Eric Angevine asked Edward if he thought the joint submission would “bring the administration of justice into disrepute.”
“I feel he needs assistance to his rehabilitation and the sentence provided would not have accomplished that,” responded the judge.
Lush’s charges were racked up in in just three months last year. In the space of about a month, Lush broke into two Brantford businesses and a residential construction site, stealing metal and, in one case, a vehicle key.
He pleaded guilty to possession of stolen property over $5,000, two counts of possession of stolen property under $5,000, four counts of theft, mischief under $5,000, possession of break-in tools and six counts of breaching probation, release orders or a signed undertaking.
On each count, the judge credited Lush with a month of time already served. But Edward assigned one year of jail for Lush’s pleas of guilt to three break-ins to businesses and one count of possession over $5,000.
“You have a horrendous criminal record,” said Edward, noting Lush’s 42 previous convictions.
Angevine said his client, due to mental health and addiction issues, is cut off from the usual supports.
“We’re now at the point where we’re looking at warehousing Mr. Lush,” he said.
“He’s either going to stand on his own feet and get better or he’ll be back in court again.”
Angevine and the judge agreed that putting Lush on probation, which is designed to help an offender stay on the right side of the law, is useless.
After Lush’s previous incarceration, he went back to committing crimes while on probation and failed to check in with probation services the single time he was required.
“We’re just imposing sentences that will see you warehoused for longer and longer periods of time,” said the judge.
Edward recommended Lush be sent to the Ontario Correctional Institute in Brampton, which has programming for those with addiction and mental health issues.
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