Joshua Brooker appears in this 2024 photo.

Image Credit: SUBMITTED

A BC judge told a homeless Kelowna man with 95 convictions to his name not to give up on the chance of rehabilitation as she released him back onto the streets after seven months in jail.

"Even somebody with a horrific criminal record, when substance abuse, homelessness, unchecked mental health, and... (a) brain injury, when those things are at play… I never actually give up on rehabilitation," BC Provincial Court Judge Monica McParland told the court.

Joshua Paul Brooker appeared in a Kelowna courtroom today, March 3, facing a dozen charges ranging from breaking into his ex-girlfriend's home and assaulting her to stealing a car and arson.

The court heard how Brooker's criminal record started when he was a youth and had no "significant" gaps in it.

The 38-year-old has 90 convictions under his belt, a situation the judge called "horrendous."

He'd previously been convicted of break and enter, car theft, assault causing bodily harm, sexual interference and "many many" breaches of his bail. He also had a couple of pages of warrants out for his arrest.

Brooker's latest crime spree began in March 2024, when he broke into his ex's place and stole her key fob. She'd discovered him inside her home.

He was on probation at the time, and when police arrested him they found he had a screwdriver, contrary to his probation order.

Charges of assault, theft and being in her home without permission were laid but later stayed. The court heard how his ex didn't want Brooker punished.

He was arrested for having the screwdriver and spent two weeks in jail before being released on bail.

He almost kept his nose clean for a couple of months but failed to report to his probation officer, a charge of which he pleaded guilty to today.

Then in early July he stole a truck from the Kelowna Yacht Club.

The court heard how the F-150 was recovered later that day, after someone recognized it as being stolen and blocked it in. Brooker took off but dropped his cell phone in the truck.

Two days later he stole the lockbox from outside a Kelowna business containing keys. It cost the business almost $800 to replace its locks.

He was eventually arrested and has been in custody ever since.

Crown prosecutor Laura McPheeters argued for a sentence of 425 days jail. With credit for time served, he'd spend another 45 days behind bars.

"Given the record that is before this court, specific deterrence doesn't appear to be taking effect," McPheeters said. "So the hope is that a significant sentence for the theft of the motor vehicle and theft of the lockbox should deter members of the public from committing similar offences." 

Defence lawyer Helene Walford argued for a sentence of time already served.

Walford said Brooker was entrenched in the street lifestyle, and struggled with addiction and mental health issues. He was mugged and badly beaten when he was 18 years old and suffered from a brain injury.

The brain injury meant he struggled with learning tasks, his memory, focus and concentration.

"His... biological family was very dysfunctional, unfortunately, he suffered some physical and mental abuse in some of the foster homes," the defence lawyer said.

Brooker's mother had lived in Kelowna and had also suffered from substance use. She'd recently died, which left Brooker to "go off the rails."

The court heard Brooker was in a very vulnerable situation and lacked any support.

"However, I never ignore the prospect of rehabilitation," Judge McParland said. "The ability to obtain housing and accessing programs is critical if there is ever any hope of you breaking yourself from this cycle."

The judge said she would "give him a bit of a break."

The court heard how Brooker had connected with a brain injury charity and the Judge stressed he not miss his appointment.

The judge sentenced Brooker to time served and now released, he will go and live in a homeless shelter.

"I wish you good luck, and I hope I don't see you back anytime soon," Judge McParland said.

Multiple charges were stayed, including the arson, and now Brooker has 95 convictions to his name.

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