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Jail time for being unlawfully in a dwelling house

Posted on November 6, 2013 by Taber Times

In Taber provincial court on Oct. 29, a 36-year-old local man pled guilty to being unlawfully in a dwelling house. Donald F. Bourassa was sentenced to 30 days of incarceration by Judge F.W. Coward.

Bourassa had previously been scheduled to stand trial on a charge of break and enter with intent to commit theft, but changed his plea to guilty to the lesser offence of being unlawfully in a dwelling house in accordance with a plea agreement with the Crown.

Crown prosecutor Bruce Ainscough read the facts of the case into the record. On the morning of Nov. 24, 2011 the complainant in the case left his residence on his way to work, but had to return immediately to retrieve some employment-related items. Upon re-entering the residence, the complainant encountered the accused inside the home. Bourassa, who was known to the complainant, did not have permission or lawful excuse for his presence inside the residence. The resident later contacted the Taber Police Service, which initiated an investigation, and Bourassa was charged with the offence.

The accused had been previously convicted of driving with a blood-alcohol level exceeding .08 milligrams per cent in 1997, robbery in 2004, two counts of breach of conditions and possession of a controlled substance in 2007, taking a motor vehicle without an owner’s consent, driving with a blood-alcohol level exceeding .08 milligrams per cent, and possession of a controlled substance in 2010, two counts of breach of conditions in 2011, theft under $5,000 and mischief in 2012, and theft under $5,000, three counts of failure to comply with a probation order, breach of conditions, housebreaking to commit theft, theft of a credit card, and attempted obstruction of justice in 2013.

Bourassa, currently a prisoner serving a 10-month sentence, will serve the 30-day sentence consecutively. No victim-fine surcharge was issued.

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