(THUNDER BAY, ON) – Barry Robert Nygard was in plea court today, and plead guilty to the charge of Theft under $5000 regarding an incident that took place at a local grocery store earlier this year.
His Honour, Justice Carr was presiding along with a Provincial Crown Attorney and defence lawyer.
On Wednesday, January 10th, 2018 at around 1:19 pm in Thunder Bay Nygard attended the 505 Arthur Street West Metro location and loaded up a shopping cart with various items.
He pushed the cart past the cashiers with no intent to pay for the items.
An employee saw Nygard loading the items into the back of a vehicle and wrote down the license plate number. The vehicle ended up being Nygard’s brother’s vehicle that he was only borrowing at the time.
He filled the cart with mostly meat products such as:
- Frozen turkey
- Various meats
- Toilet paper
The total value of the goods was $244.90. The items were not able to be returned to the store.
Both the Crown and defence lawyer have come to an agreed upon submission regarding what Nygard should be sentenced to. Together, they submit to His Honour that Nygard should receive a 12-month suspended sentence for the crime of theft under $5000.
A suspended sentence involves following conditions in a probation order for a period of one to three years. Where the court sentences the accused to a suspended sentence, the accused is placed on probation for a period of up to three years. During this time the accused must comply with these conditions. A suspended sentence is not considered a final sentence, since an accused who is convicted of breaching the conditions of the probation order may in addition to being sentenced for the offence of breach of probation, may also have the suspended sentence revoked. (Paragraph from Wikipedia)
Once a suspended sentence is revoked, the court which originally sentenced the accused may re-sentence the accused. This has been held not to be a case of double jeopardy since a suspended sentence is not a final order.
Nygard is also being asked to make restitution to the Metro store that he stole from in the amount of $244.90, as well as 20 hours of community service to be served in the first 5 months of his sentence.
Defence submits that Nygard is unemployed due to some health reasons that he and his doctors are working on, and is likely nerve damage.
Nygard informed his defence counsel that he stole the food to provide for himself and family.
He also has an existing criminal record, and is trying to upgrade his education to help him obtain work and keep him on the “straight and narrow”.
The Crown further submits that the sentence proposed addresses the denunciatory aspect as well as the deterrence via the community service. The restitution is also appropriate.
Based on the admitted facts, Justice Carr finds Nygard guilty on the count of theft under $5000. He agrees with the joint submission and grants the suspended sentence requested by both the Crown and defence counsel.
His probationary conditions are as follows:
- Keep the peace and be of good behaviour
- Report monthly to his probation officer
- Not attend 505 Arthur Street West
- Perform 20 community service hours within the first 5 months of his sentence
- Pay $244.90 restitution
Nygard’s court appearance is over, and he sits back down as he seems to wait for paperwork to sign.
He is free to go home and go about his life.
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