Breach­ing house ar­rests nets jail time

Valley Journal Advertiser - - NEWS -

A for­mer Windsor man who was sen­tenced to a term of im­pris­on­ment in the com­mu­nity will serve the re­main­der of his con­di­tional sen­tence in jail af­ter breach­ing his house ar­rest con­di­tion.

Ja­son Dou­glas Mark Flynn, 37, changed his pleas to guilty last Septem­ber to charges of as­sault caus­ing bod­ily harm and fail­ing to com­ply with an or­der made by a judge not to pos­sesses, use or con­sume al­co­hol or non-pre­scribed drugs as de­fined by the Con­trolled Drugs and Sub­stances Act. Flynn also pleaded guilty to two counts of fail­ing to com­ply with his re­cog­ni­zance.

Flynn was handed a 240-day con­di­tional sen­tence or­der on Feb. 21. This in­cluded house ar­rest for the first 90 days, fol­lowed by a daily cur­few for the re­main­ing time.

Flynn was brought to Windsor pro­vin­cial court in cus­tody on May 16 on an al­le­ga­tion that he had breached the house ar­rest con­di­tion. Flynn ad­mit­ted the breach. Judge Alan Tufts ter­mi­nated Flynn’s con­di­tional sen­tence and or­dered him to spend the re­main­ing time – 149 days – in cus­tody.

On May 10, Flynn’s pro­ba­tion of­fi­cer re­ceived a phone call from an RCMP con­sta­ble ad­vis­ing that while con­duct­ing a com­pli­ance check at Flynn’s res­i­dence in Vaughan, she could not lo­cate the of­fender.

The pro­ba­tion of­fi­cer checked the phone records at Cor­rec­tional Ser­vices to see if Flynn had called in to say he had an out­side ap­point­ment, which he had not. The pro­ba­tion of­fi­cer asked the con­sta­ble to pro­vide ev­i­dence to sup­port the house ar­rest breach.

Po­lice made the pro­ba­tion of­fi­cer aware that Flynn had vi­o­lated his house ar­rest on May 2 by not be­ing in his res­i­dence when po­lice con­ducted a com­pli­ance check. The po­lice chose to is­sue Flynn a warn­ing on that oc­ca­sion as he was ap­par­ently re­lo­cat­ing and had a court ap­pear­ance the fol­low­ing morn­ing to change the ad­dress on his con­di­tional sen­tence or­der.

A writ­ten re­port to the court from Cor­rec­tional Ser­vices states that there have been on­go­ing is­sues with Flynn’s house ar­rest com­pli­ance, as ev­i­denced by a prior breach on April 6. The writer of the re­port stated that Flynn didn’t seem to take his con­di­tional sen­tence se­ri­ously and “con­tin­ues to defy the con­di­tions. He is seen as a risk to the gen­eral pub­lic safety.”

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