Judge reserves sentencing decision in break and enter

A Supreme Court justice reserved a sentencing decision Monday in the case of a Sydney man charged in connection with a home invasion.

Justice Robin Gogan is now to sentence Arthur Joseph Jolie, 25, on Nov. 28.

Jolie pleaded guilty to break and enter with intent in connection with a break-in at a Sydney home on April 13, 2016. He was facing other charges that were dismissed.

Prosecutor Shane Russell recommended a sentence of three years and 70 days while defence lawyer Darlene MacRury offered a recommendation of 12 months custody followed by 12 months probation.

MacRury said her client spent over 200 days on remand before being released last November on very strict conditions and has not recorded any breach of those conditions.

Jolie was one of four men charged in connection with the break-in at a home on Havelock Street in Sydney’s north end. He will be the third accused to be sentenced and the fourth is set for trial in May.

Two other accused previously sentenced were also charged in connection with armed robbery at a convenience store that occurred shortly after the break and enter. The other accused were sentenced to eight years and three years.

The court was told that four masked men, one carrying a long-barrelled rifle, burst into a home on Havelock Street in a bid to rob another man of marijuana.

However, although the robbers located the kitty litter box, the known hiding place for the drugs, the box was empty.

The victim of the attack told them he was no longer selling drugs.

A female in the home was slightly injured when she was pushed. In her victim impact statement, the woman said she still feels frightened in her own home, especially at night.

Russell said the court needs to impose a tough sentence, given the degree of violence involved in the crime.

MacRury said there was no evidence her client knew anything about the gun, adding the Crown’s sentence recommendation is just as long its recommendation for the offender who did have the weapon.

He said the charges have given Jolie a glimpse of his future if he didn’t stop doing drugs, noting he’s been clean since his release on conditions a year ago.

Russell said the crime amounted to a home invasion and that Jolie’s role should not be minimized.