Standing with his hands cuffed behind his back, prisoner Earl Brinson, 39, pleaded guilty in Collingwood's Ontario Court of Justice Jan. 5 to the indictable offence of break, enter and theft at a Collingwood home.

Brinson, who has no fixed address due to being in jail for most of his life, was sentenced by Justice C.M. Harpur to 30 months in a federal penitentiary.

Provincial Crown prosecutor Rick Bagg told the court of a July 8, 2009 occurrence at a home on Glen Rogers Road. The female homeowner had just returned from a walk and found Brinson inside her home. When victim demanded to know what Brinson was doing in her house,  he replied that he was a roofer, giving a false name. While the victim went to check the house, Brinson fled, taking with him a $20 bill belonging to her.

The Crown added that the Collingwood OPP investigation included a videotaped photo line-up in which the victim was able to positively identify the accused.

"It appears that Mr. Brinson lives on break and enters," Bagg said in his submission. "He's a danger to society; one of the worst offenders. I haven't seen a record as long as this for break and enters. As soon as he is out, he'll be doing this again."

"He should have a lengthy penitentiary sentence to protect the public," said Bagg.

Defence counsel Cecil Applegate did not disagree.

"He's a classic case of someone who has been institutionalized. When jobs didn't work out (due to drug addiction), he fell back into what he'd done in the past," the lawyer said.

Harpur was also in accord with the Crown's position.

"It's a style of life that involves one offence after another. To date, there is real danger to the public when you're not incarcerated," he told the accused.

Brinson's DNA sample is already on file with the data bank.

Valedictorian gets house arrest, probation for fraud

A 47-year-old Collingwood resident pleaded guilty Jan. 5 to defrauding the local branch of the Bank of Montreal of over $5,000.

Christine Manley received a six-month conditional sentence as house arrest to be followed by a one-year probation.

Crown attorney Rick Bagg advised the court of two separate incidents in the case beginning on Mar. 13, 2009. On that date, the accused deposited a fraudulent cheque for $43,000 into her own account. A five-day hold was put on the transaction after which she returned to the bank along with her co-accused, a man of 55 years. On that occasion, Manley withdrew $9,000 in Canadian funds and $1,200 in American currency along with a bank draft made payable to herself, said the Crown.

Bagg further alleged that the pair then drove to the Money Mart in Barrie where they tried to cash the bank draft. However, Money Mart employees became suspicious and quickly determined that the original $43,000 cheque was fraudulent. As a result, Manley was arrested by Barrie City Police before all the money was dissipated.

Lawyer Denis Perent said on his client's behalf that Manley was forthcoming about her crime from the outset, that she comes from a solid background and was a valedictorian in her 30s at a Toronto business college.

"A co-accused convinced her to do this to support her drug habit and she would receive partial proceeds," he finished.

Justice C.M. Harpur turned to the accused.

"A lady who is a valedictorian knows she doesn't have to rely on other people to survive." He paused, adding: "Normally, a fraud of this amount would attract jail."

Manley was ordered to remain at home for 24 hours daily subject to certain exceptions. While on probation, she will continue the therapy already in place for her crack cocaine dependency.

A separate 'stand-alone' order was also imposed to effect restitution to the Bank of Montreal for one half of the $5,520 owed.

The case of her co-accused involving allegations of possessing stolen property remains before the court.

Resisting arrest merits fine

Derrick Lennox, 47, of Penetanguishene, pleaded guilty on Jan. 5 to obstructing police by resisting arrest. He was fined $250 and given three months to pay.

Crown prosecutor Rick Bagg read that on June 5, 2009, two Huronia West OPP constables on foot patrol in Wasaga Beach encountered Lennox and "three or four males" at the intersection of Main and Elm Streets. One man from the group, who was the accused, was seen stepping in front of traffic which had to stop. Then a brief shoving match ensued between Lennox and his companions, and again, he was almost struck by a car, said the Crown.

One of the uniformed officers approached the accused to ask him what was happening. Lennox made no reply. In speaking to him, police had also noticed an odour of alcohol about his person.

"How much have you had to drink?" was the next question.

Again the defendant did not answer.

"What's your name?"

Still there was no reply. Instead, Lennox crossed his arms and stepped back into traffic.

The officer then put his hand on the accused's arm. When Lennox pulled away, the constable "used empty hand techniques and put him on the ground," said Bagg.

Both officers were needed to handcuff the defendant who maintained a stony silence throughout his arrest. Ultimately, he was taken to hospital for medical treatment, then held in the detachment cells until he was sober.

No period of probation was attached to the fine.

Increased probation for breach

A 34-year-old Collingwood woman pleaded guilty Jan. 5 to disobeying a court order by not making any attempt at probationary restitution. On Tuesday, Lilla Gardulski was put on a second three-year probation order with reporting terms and full restitution of the $820 still outstanding.

Court heard that while bound by the original 2009 probation, the accused made no payments. After her arrest on this charge, she was granted several adjournments which enabled her to make three payments of $60, 60 and $80.

This time, Gardulski was ordered to repay the victim at a rate of $30 per month, beginning on Feb. 1.

"If you default on these payments, it will be jail," said the judge.