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Convicted Paradise home invader promises to change his ways, but Crown doesn't buy it

'I want to be a law-abiding citizen'

Abdifatah Mohamed is led into the courtroom in provincial court in St. John's Wednesday for the continuation of his sentencing hearing.
Abdifatah Mohamed is led into the courtroom in provincial court in St. John's Wednesday for the continuation of his sentencing hearing. - Rosie Mullaley

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He has stood in front of several judges over the years to be sentenced for various crimes, including manslaughter and robbery.

But Abdifatah Mohamed promised a provincial court judge in St. John's Wednesday that this time behind bars won't be the same.

“This time I'm going to do something different — I'm actually going to accept that (prison) is a place to be rehabilitated," the 28-year-old said during his sentencing hearing for a series of home invasions in the metro region last year.

"This time, I plan to go for the minimum time (for early parole), to serve one-third of my sentence and after two years, be released in the community.

"It will give me a chance to go to school, see my doctor, be closer to my family, get a job and function in society.

"I want to be a law-abiding citizen."

Mohamed — representing himself — told Judge Mike Madden that eight years, minus time served, is enough time for him to spend in jail and that the Crown's suggestion of 10 to 12 years is too much.

"I believe that is a crushing sentence for me, Your Honour," he said.

Mohamed is one of four men arrested in February 2017 and charged in connection with the home invasions that happened on Fourth Street in Mount Pearl, Mount Royal Avenue in St. John's, and Milton Road and Angel's Road in Paradise between Feb. 3 and 9 last year. During the incidents, people were tied up and held at gunpoint, assaulted, their homes robbed and their pets shot by masked intruders.

Tyler Donahue, 24, was found guilty in relation to the Angel's Road incident, as were Mitchell Nippard, 27, and Mohamed. Nippard and Mohamed were also convicted in connection with the Milton Road home invasion.

Gary Hennessey, 33, was cleared of all charges.

Mohamed told the judge the home invasions weren't really violent and didn't inflict severe injury or have serious effects on any of the victims, neither of whom filed a victim impact statement.

"I ask to be given a chance to rehabilitate myself," said Mohamed, who is from Toronto, and said his intent on coming to this province was to get money by robbing drug dealers.

When he began his submissions Tuesday, Mohamed said he suffered from a mental illness and that his time at Her Majesty's Penitentiary was the worst he's ever experienced in a prison.

But prosecutor Chris McCarthy was quick to rebut most of what Mohamed said.

He disagreed with Mohamed's argument that the home invasions weren't violent. McCarthy said while victim impact statements weren't filed, the victims' demeanour on the stand at the trial clearly showed they had been horrified by the home invasions.

He said Mohamed is trying minimize the sentence and minimize his actions.

"You don't get up one day and say, 'Hey, I think I'll go to Newfoundland,'" he said. "It was planned and there was a loaded firearm."

While McCarthy admitted conditions are horrible at HMP, he said there was no evidence to prove Mohamed has a mental illness. If he does, McCarthy said, 12 to 14 years in prison won't be crushing, as it will give him plenty of opportunity to access mental health help.

"I found one common thread (in Mohamed's submissions)," McCarthy said. "It's all about him."

Before concluding, Madden complimented Mohamed on how he defended himself.

"You put your heart and soul into it," Madden said. "A job well done."

Madden is expected to give his decision on all three men’s sentences on July 26. The Crown is asking for a five- to seven-year jail term for Donahue and 10 1/2 to 12 1/2 years for Nippard.

rosie. [email protected]

Twitter: TelyRosie

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