An Alberta man has been sentenced in Swift Current Provincial Court on a charge relating to a break-and-enter and theft last month at a South West Terminal location.
46-year-old Perry James Benning was present in court on Wednesday morning via video to plead guilty to one of the three charges against him.
The Calgary resident was sentenced to 60 days in custody and, having spent 29 actual days in remand, was credited with 44 days, leaving 16 days to be served as of Wednesday.
Judge Karl Bazin waived the victim fine and surcharge.
Facts read in court
The court heard that around 6:47 a.m. on September 9, a resident noticed an unknown male on his rural land near Webb.
The unknown man told the complainant that his side-by-side had broken down and not to call RCMP, although the resident did report the suspicious individual.
Officers attended the scene and located the unknown man with the recreation vehicle, as well as drug paraphernalia in the glove compartment.
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The man provided contradicting stories before an investigation uncovered that the side-by-side was owned by SWT.
Security footage from SWT around 4:50 a.m. showed the accused breaking in, taking some food, and leaving with the side-by-side. Benning was subsequently arrested and charged.
Considerations from defense
His lawyer, Scott Allen with Saskatchewan Legal Aid in Swift Current, shared that while his client had a significant criminal record, it was from years prior.
According to Allen, Benning’s breakdown in behaviour was the result of a series of recent hardships he’d experienced, which included his house burning down, an ongoing injury, the passing of his wife and mother, becoming unhoused, and having his wallet and phone stolen.
The Crown conducted a stay of proceedings on the remaining two charges at the conclusion of sentencing.