Jarvie man receives one-day jail sentence for probation breach

BARRHEAD - A 60-year-old Jarvie man received one day in jail for missing several probation appointments.

Justice Gregory Arnold Rice sentenced Timothy David Bakken to one day in jail after he pleaded guilty to breaching his probation during a Jan. 14 Barrhead Court of Justice session.

However, Bakken is in a time-served situation due to the time spent in pretrial custody.

Crown prosecutor Francis Wallace suggested a $500 fine or five days in jail.

The Crown also withdrew a charge of failing to attend a court appearance.

The facts

Wallace told the court that Bakken received probation on a mischief damage to property charge in Westlock Court of Justice on Jan. 23, 2024.

Under the terms of his probation order, Bakken was to report in person or via telephone to his probation officer within two business days and then as directed.

Wallace stated Bakken initially reported to his probation officer by telephone on July 18 and was instructed to report again four days later, an appointment he missed.

She added that after multiple failed attempts to contact Bakken, the probation office left a message at Bakken's last known phone number, reminding him to report to his probation officer by Aug. 9.

"Aug. 9 came and went without Mr. Bakken reporting. On Aug. 13, a letter was sent out to the last known mailing address for Mr. Bakken, instructing him to report on Aug. 28, 2024. On Aug. 28, 2024, Mr. Bakken did not report, and as of Sept 25, 2024, after still not having any contact with him, a warrant was issued," Wallace said.

Crown's sentencing position

Wallace stated Bakken has a criminal record, albeit a short one.

"[He has] two criminal convictions back in 1994, with the only conviction of any real relevance being the 2024 mischief charge in which he was sentenced to probation," she said

Wallace admitted that the gravity of the offence might not be high, but Bakken's moral culpability is.

"This isn't a single missed appointment, and then I got back on track. It was a prolonged period to the extent that a warrant was issued," she said.

The defence

Bakken's lawyer, Garry Smith, said his client admits to not making enough effort to contact the probation officer.

He added that his client, after his initial contact with his probation officer, was confused when he called the next time they told him that she was on maternity leave.

"He did not do enough to follow it up," Smith said.

Smith also said Bakken suffers from memory and cognitive issues and often relies on his ex-wife to assist him in keeping his appointments.

"Which, in my view, reduces his moral culpability," Smith said. "This isn't him just thumbing his nose at the system."

But having said that, he noted that his client realizes he has six months of probation based on his previous conviction and that he will have to make a better effort to meet his probation obligations.

"He is going to ask his ex-wife to assist him again," Smith said, suggesting a day sentence in jail was more appropriate.

He also asked that the victim fine surcharge be waived.

Justice Rice agreed, "A one day, under the circumstances, is a significant sentence."

Barry Kerton, TownandCountryToday.com