By PAVEL BAILEY
Tribune Staff Reporter
pbailey@tribunemedia.net
A 22-year-old man was ordered to pay $4,000 in fines after he admitted to breaking into a shop on Christmas Eve while under the influence of drugs.
Senior Magistrate Anishka Isaacs arraigned Kelvaughn Bain on shopbreaking.
The defendant’s father was present for his arraignment.
Bain while using a crowbar reportedly broke into George’s Take Away on Carmichael Road through the front door on December 24.
The defendant pleaded guilty to the charge.
Alex Dorsett, the defendant’s attorney, said that his client’s actions were out of character and that he suffers from a recent drug problem.
Mr Dorsett asked that the court spare the defendant a prison sentence, citing that he is employed as a mortician and has a 10-month-old child.
While Magistrate Isaacs acknowledged the defendant’s early plea saving the court’s time and the young age of accused, she saw his use of a crowbar as an aggravating factor due its significant intent.
She further called out the defendant for breaking into a shop while employed.
Magistrate Isaacs also noted that it was a 'Mom & Pop' shop the defendant had broken into that had just opened last month.
The defendant was ordered to attend drug counseling for three months or risk a two-month prison term.
Bain was fined $4,000 for the offense or risk a six-month prison term. He must also compensate the complainant $700 or risk an additional month in prison.
The defendant must pay $1,000 of his fine before his release.
He is expected to return to court on January 3 with the compensation money.
Thereafter he is expected to make payments on his remaining debt on the 28th or last Friday of every month.
Magistrate Isaacs told the defendant that he would have less money for drugs as a result of his debts.
He was also informed of his right to appeal the court’s decision within seven days.
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