A Glendon man afflicted with severe scoliosis and who has difficulty walking won't go to jail, despite the Crown's recommendation that he do time behind bars.
Bradley Rickey Kissel, 42, was instead sentenced to a six-month conditional sentence, to be served under house arrest and in the community, after pleading guilty earlier in 2010 to being unlawfully in a dwelling house.
Kissel was sentenced in Bonnyville provincial court on April 20 by Judge K.D. Williams, who told Kissel his offence would normally have led to jail time, except for his personal circumstances. Those circumstances include his poor health and the age of his parents, who depend on him for assistance.
"The Crown is not out of line in their request for a jail sentence," said Williams, who said the circumstances of the offence "clearly warrant jail."
Kissel was charged in 2009 after he entered a residence in Glendon without the owner's consent. It was a dwelling in which he had previously been employed for various odd jobs.
Williams told Kissel at an April 6 court hearing that the home's occupant felt violated by his presence in the home, which court heard related to his fascination with undergarments.
"This is an invasion into someone's home. This is an invasion of privacy," Williams told Kissel.
The judge ordered a pre-sentence report on that date, based partly on the Crown's recommendation for a 60-day jail sentence and a one-year probation term for a man who requires a walker.
The report was considered by Williams before passing sentence April 20.
Court heard Kissel has a dated and unrelated criminal record from the 1990s and that he has attended counseling in the past.
While Kissel wasn't sent to jail, he was ordered to serve three months under house arrest in his residence, except for outside activities approved by his probation officer that relate to education, employment, performing 40 hours of community service, health and medical appointments and treatments for himself and his parents, shopping for the necessities of life and attendance at weekly religious services.
After three months, he will be subject to a curfew from 7 p.m. to 7 a.m. for another three months.
As well, Kissel is not allowed to have direct or indirect contact with the occupant of the home.
Williams reminded Kissel that violating his sentencing order could lead him to be re-sentenced to jail.
Kissel's lawyer, James Morrow, told the court it would be difficult for his client to perform community service work because of his health.
He noted at his client's April 6 court appearance that dealing with the charge has not been easy on his client.
"This experience has been very stressful for Mr. Kissel," Morrow said.
