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November 30, 2017 - 4:32 PM
PENTICTON - A Penticton man was sentenced to over two years in jail in Penticton court today, but with time served, he avoids time in a federal institution.
Matthew Corey Toker, 41, pleaded guilty today, Nov. 30, to one count of break and enter, and to breaching two court ordered conditions; a lifetime firearms prohibition and possession of a controlled substance.
Crown prosecutor Ann Lerchs told court Toker was under surveillance by police on the evening of Nov. 29, 2016 when he attended the Penticton Lakeside Casino. Officers saw a bullet on the dash of Toker’s vehicle, and after querying the plates learned he was subject to a lifetime firearms and ammunition prohibition.
Police followed him to Padmore Avenue, where his vehicle was surrounded and he was arrested.
A subsequent search revealed a shoulder bag containing more ammunition, a digital scale and an eyeglass case containing 35.27 grams of marijuana.
On July 4, 2017, a neighbour at a Penticton duplex, aware the residents were not at home next door, called police to report a break and enter after noises were heard in the adjacent unit.
Police arrived to find the front door pried open and a man later identified as Toker ransacking the unit. He tried to flee out the rear sliding door but was caught after breaking the door handle in an attempt to get it open.
Police found the unit had been completely rummaged through, with drawers open and items strewn about. A camera, laptop computer and a piggy bank belonging to a five-month-old baby was found in a duffle bag in Toker’s possession.
Lerchs pointed out Toker’s record of 15 previous break and enter convictions, requesting a sentence of four years jail.
Defence lawyer Ben Lynskey said his client had a good upbringing, but has a learning disability that was compounded by his addiction to hard drugs in his mid-20s, following a bad breakup. He said Toker also suffered a debilitating brain injury after being assaulted by his cellmate in a federal prison.
Lynskey said his client’s recent brushes with the law came after Toker went off methadone. Toker was also witness to a murder which took place in front of him while visiting a friend last February, an incident which he had no involvement in otherwise.
Prior to the break-in, Toker had been using speed and heroin for several days, hadn't slept and "wasn't thinking" when he broke into the home.
Lynskey asked for a two-year sentence, arguing that it would be unfair to sentence Toker to a longer term that would see Toker go to federal prison, considering what happened to him last time.
Judge Gregory Koturbash sentencing Toker to 90 days for breaching his court conditions, and a total of 729 days on the break and enter charge.
With enhanced credit of 225 days for time served, Toker has 594 days left to serve, or slightly more than 1.6 years.
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News from © iNFOnews, 2017