A Penticton man who said he has turned his life around after being arrested for multiple break and enters was sentenced to house arrest on Oct. 18.
Since he was arrested, Kyle Daniel Shaw, 32, was placed under strict bail conditions after his release in January, according to Crown. Shaw has followed those conditions and that was a key factor in the joint submission that was filed in court.
Shaw pleaded guilty to a string of break-and-enters in Penticton in 2020. His defence lawyer argued that Shaw committed these crimes to feed a drug addiction.
On April 6 2020, while on probation, he attempted to break into the Penticton and District Society for Community Living’s building on 180 Industrial Avenue where he was caught on video; on Sept. 24, he broke into the storage trailer at the Penticton Fire Department’s training centre and stole a fuel container and container of fire suppressant; on Nov. 11 RCMP responded and obtained video of Shaw attempting to break into the lobby of an apartment building at 75 Abbott Street. Finally on Dec. 13, he was caught after attempting to break into an apartment building at 211 Norton Street.
Judge Andrew Tam sentenced Shaw to seven months of the strictest house arrest conditions, followed by 10 months of a 9 p.m. until 6 a.m. curfew and then seven months with standard conditions, including a ban from the locations he had attempted to break into and a ban on drugs and alcohol use.
There were multiple aggravating factors that Tam pointed out to Shaw, including his previous criminal history with break and enters, and how there were a number of crimes done over time before Shaw was caught.
Tam also took into account several mitigating factors in his decision, such as Shaw’s background as a ward of the state who aged out of the foster system, how Shaw has since taken over providing care and support for his mother and how since Shaw was placed on bail in January, he has obeyed the restrictions and made additional steps to improve himself. Multiple letters of support were submitted by the defence to speak to the steps and progress that Shaw had made.
Among those steps have been Shaw staying clean since his release, as well as working with the non-profit Unlocking the Gates organization. A representative who worked with Shaw spoke to the court on Monday in support of the joint submission.
“Most of all I’d say I have to pay close attention to what you’ve done since you were placed on bail,” said Tam. “From everything I’ve heard, you’ve really applied yourself. You’ve turned your situation around despite the challenges you face including removing yourself from the elements that got you into trouble.”
Shaw, defence and Tam all noted that Shaw hadn’t come full circle yet, and that challenges would remain but that Shaw’s behaviour since January showed that jail would not be appropriate.
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