Cape Breton Post

Tearful statement

Caribou Marsh man receives federal prison term for role in home invasion

- BY NANCY KING

Saying he didn’t want the penalty imposed to be crushing, a provincial court judge sentenced a Caribou Marsh man to six years in prison for his role in a home invasion last year in Sydney Mines.

Judge Brian Williston said he had been considerin­g imposing a longer sentence on David Angus Forrest, 36, but was influenced by a lengthy and tearful statement that Forrest made prior to receiving the prison term.

The actual sentence was six years and 11 months, with Forrest granted 11 months credit for pre-trial custody.

“I believe that you still have hope,” Williston said, adding he believes the sentence addresses the need for denunciati­on and deterrence.

Forrest, 36, formerly of North Sydney, was found guilty last month of break, enter and theft, assault and breaching a court order following a three-day trial. He has denied the offences.

Forrest was one of four people charged in connection with the July 23, 2017, crime that occurred at a home on Barrington Street in Sydney Mines.

Crown attorney Peter Harrison had sought eight to 10 years in prison, noting Forrest’s lengthy criminal history involving 126 prior conviction­s. Defence lawyer David Iannetti had sought a sentence of two to four years.

Willison said the fact that the offences occurred in a dwelling at a time when it was occupied was an aggravatin­g factor in sentencing.

Michael Cory Forrest, 32, David Forrest’s brother, was sentenced to serve an eight-year term. Willison said Michael Forrest was the main actor in the incident, having come up with the idea of the home invasion, assaulting one of the victims and committing property damage, but he found that David Forrest aided and abetted his brother in the assault.

David Forrest noted that he became involved with drugs at a young age and has struggled with addiction, but in recent years has been involved in a methadone maintenanc­e program. He noted he is in a committed relationsh­ip with his commonlaw partner.

Willison noted that in a victim impact statement, one of the victims indicated she now has regular nightmares as a result of the incident.

David Forrest did not testify but his brother, Michael Cory, and the second victim, Greg Forrest, did take the stand. Williston said he rejected the evidence of both.

The judge concluded that the accused broke into Greg Forrest’s home — he was no relation —in the early morning hours of July 23 to steal money to buy more drugs.

David Forrest is also subject to a lifetime firearms prohibitio­n, must submit a DNA sample to the national database, must pay $600 in victim surcharges and is to have no contact with three individual­s.

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