Man jailed for theft, driving offences
Defence lawyer says Colby James Maclennan, 29, was in a “fentanyl spiral”
Stealing a bag from a woman walking to work on a Thursday night in Charlottetown, and other offences, have led to jail time for a P.E.I. man.
Initially, Colby James Maclennan, 29, was charged with robbery in relation to the Nov. 9 incident near Belvedere Avenue but instead, with the consent of the Crown, pleaded guilty to theft under $5,000.
Maclennan also pleaded guilty and was sentenced on March 1 in provincial court in Charlottetown for other offences of uttering threats to cause death or bodily harm, dangerous driving, flight from police, leaving the scene of an accident and three counts of breaching his release conditions.
FACTS
On Nov. 9, a woman was walking to work at a nearby nursing home and cut through the parking lot behind Macarthur's Appliances on Mount Edward Road near Centennial Drive in Charlottetown.
Maclennan confronted the woman and demanded the bag she was carrying. Maclennan then grabbed the bag and she let go and ran away.
Maclennan was later arrested, and the bag was returned to the woman. The bag contained a cup and a water bottle, said Crown attorney Chee Ng at sentencing. According to Charlottetown police, the offence occurred at 10:55 p.m.
DRIVING OFFENCES
Weeks before the theft, on Friday, Oct. 19 at 10:03 p.m., Maclennan was spotted driving his 2011 orange Dodge Caliber on Grafton and Edward streets without a licence plate attached. Charlottetown police followed Maclennan and activated the overhead emergency lights and sirens in an attempt to pull over the vehicle.
Maclennan refused to stop and sped up to about 100 km/h in a 50 km/h zone. During the pursuit, Maclennan drove through three stop signs and past pedestrians on Kent Street. Police ended the pursuit and later arrested Maclennan.
A few days later on Saturday, Oct. 21, Maclennan, this time driving a grey SUV, got into a motor vehicle accident with another driver in front of the Community Outreach Centre on Euston Street. Maclennan told the other driver that he couldn't stay and drove away before police arrived. Charlottetown police received the call of the motor vehicle accident at 11:30 a.m.
THREATS, BREACHING RELEASE CONDITIONS
Maclennan also pleaded guilty and was sentenced on March 1 for uttering threats to a convenience store clerk. That offence occurred on Dec. 1 at 7:10 a.m. when Maclennan threatened to jump behind the counter and harm the clerk at the Needs convenience store located across the street from the Community Outreach Centre.
As a result of that incident, Maclennan was also charged with breaching a release condition to keep the peace and be of good behaviour.
Maclennan's release conditions also required him to wear an electronic monitoring bracelet while his matters were before the court. On Dec. 6, staff involved in the electronic monitoring program made repeated attempts to get Maclennan to recharge the device but were unsuccessful.
On Dec. 15, Maclennan was arrested at Mcdonald's on University Avenue after police learned that his electronic monitoring bracelet had zero per cent power. Maclennan was charged with two more counts of breaching his release conditions in relation to his electronic monitoring bracelet.
'FENTANYL SPIRAL'
Maclennan did not have a prior criminal record. His legal aid lawyer Chris Van Ouwerkerk explained that his client has been a drug user since the age of 15.
During the time of the offences, Maclennan was in a "fentanyl spiral," said Van Ouwerkerk.
Chief Judge Jeff Lantz accepted a joint recommendation from Ng and Van Ouwerkerk for a total of 160 days in jail and 12 months of probation.
The sentence breaks down into 60 days in jail for theft under $5,000, 30 days consecutive for dangerous driving, another 30 days for leaving the scene of an accident, 30 days concurrent for failing to stop for police, 10 days consecutive for threatening the store clerk and a total of 30 days consecutive for three counts of breaching his release conditions.
Maclennan was given 123 days of credit for time already spent in pre-sentence custody.