A 50-year-old man, who has spent his entire adult life in and out of prison, is headed back to jail.
Brian Jensen appeared in Yorkton Provincial Court December 14 on charges of theft over $5,000 and possession of stolen property.
The previous day, Jensen was hitchhiking near North Star Esso and Car Wash in Canora, explained Darren Grindle acting on behalf of the crown. Jensen spotted a pickup truck that was running with no one in it. He got in and drove away.
Witnesses at the scene alerted the owner of the truck who had stepped inside the store. He called 911 and within an hour police had pulled the vehicle over.
Jensen immediately admitted to the officers he had stolen the truck.
The crown sought a sentence of 18 months to two years less a day.
"Normally, a stolen vehicle would not warrant the sentence, the crown is seeking, but his last conviction in 2008 was for robbery with a firearm," Grindle began and went on to cite a litany of criminal activity dating to 1978.
In total, Jensen had 86 convictions, including 34 for property crimes. Over the past 34 years he had been sentenced to 27 years and 8 months of incarceration. His most recent conviction, the armed robbery, garnered him six years and six months in federal penitentiary. He served approximately half of that before being released on parole.
Grindle cited an extensive history of parole violations-including escape from lawful custody-for which Jensen was currently wanted on a warrant, as an aggravating circumstance for the sentencing recommendation. As a repeat offender and based on Jensen's record, the Crown could have asked for 10 years.
Richard Yaholnitsky, acting on behalf of the accused, suggested to the court that the warrant should not be considered as a factor in sentencing for the theft as Jensen would still face punishment for that in Saskatoon.
Yahlonitsky requested a sentence of six months on the basis that Jensen cooperated with police, admitted immediately what he had done, entered an early guilty plea and that there was no damage to the vehicle. Defence argued that Jensen had an employer waiting for him in Saskatoon, that he was cold, and that he planned to abandon the vehicle in Saskatoon so that it could be returned to its rightful owner. Yahlonitsky also felt a diagnosis of ADHD and a documented problem with impulse control, were grounds for leniency.
In his own defence, Jensen claimed he had never used a firearm in committing a crime, although he was convicted of it. He also cited his impulse control problem saying he had no intent of stealing the truck, he just saw it and next thing he knew he was driving down the road.
"I don't know what makes me do this stuff," he said, adding, "There's something wrong up there," referring to his brain.
Judge Darin Chow disagreed with the defence on several points. In handing down a sentence of 12 months, he told Yohlonitsky the parole violation was precisely what the court should be considering. He called Jensen's criminal record "atrocious."
In determining the sentence, Chow considered the 34 property crimes and history of parole violations as aggravating factors, but gave the defendant credit for taking responsibility and cooperating with police.
Jensen will serve the 12 months, or a portion thereof consecutive to whatever period of incarceration he faces for the parole violation.
