The Crown and defence have very different sentencing ideas in the case of a man who won't abide by his conditions.
The Crown is asking to put Dominic Threinen in jail for 60 days for not complying with his probation orders. Threinen was supposed complete 80 hours of community service, abide by a curfew and not consume alcohol or attend bars, but has various breaches, as well as having completed just 18 hours of community service and missing appointments with his probation officer.
Threinen appeared in Estevan provincial court on May 6.
He was placed under the conditions following a break and enter, and the Crown prosecutor said they are tired of "wasting our limited resources," on someone they accuse of "thumbing his nose at the justice system."
Threinen's Legal Aid lawyer Greg Wilson countered that a jail sentence would be grossly disproportionate to the charges. With no new substantive offence, he said the Crown could ask for Threinen to serve the rest of his 18-month suspended sentence in jail, but there has been no request from the Crown's office.
Presiding Judge Karl Bazin noted the pre-sentence report was a negative one.
"The PSR says he's going to do whatever he wants," said Bazin, then asking defence, "What are we going to give him? There aren't many options."
Wilson said his client requires another chance at probation and paying fines, and if breaches continue, then jail could be considered an option.
If Bazin decides jail would not be appropriate, the Crown suggested they would seek to put Threinen on house arrest.
Bazin reserved his decision until May 27.
In other court proceedings, a matter involving the improper storage of guns came before the court.
Adam Bachorcik was charged with careless use of a firearm following an incident in December 2012. Bachorcik was changing a flat tire on his vehicle when police found him.
He pleaded guilty to the charge, but after hearing the facts, Bazin refused to accept the plea. When police, who received a call about a truck driving in a field, arrived they inspected the vehicle, finding ammunition in the truck as well as rifles on the floor of the truck.
Bachorcik told the court the rifles had to be moved in order to get his spare and he placed them under the seat. While he was working on the tire, he left the rifles under the seat.
Bazin suggested Bachorcik speak to a lawyer about the matter and it was adjourned until May 27.
Jennifer Schaff also appeared in court on Monday. She is charged with fraud of more than $5,000, after allegedly defrauding a third party between May 9 and Dec. 16, 2012. Her matter was adjourned until May 27 as well.
