CORNER BROOK A man currently serving a 90-day intermittent jail sentence pled guilty to more charges in provincial court in Corner Brook on Tuesday.
However, Stacey Payne won’t serve any extra time in jail because of those convictions. That’s because Judge Wayne Gorman agreed with Crown attorney Matthew Kennedy’s suggestion that any sentence imposed on the five charges be served concurrent to each other and to the time Payne is already serving.
Payne, 33, was sentenced on Jan. 10 by Judge Catherine Allen-Westby to the 90 days for four counts of uttering threats and 11 breaches of court orders. One of the uttering threats charges stemmed from a conversation Payne had with three girls last June during which he told them he was going to blow up G.C. Rowe Junior High. The charges dealt with on Tuesday are from incidents that occurred in December.
In one Payne broke the conditions of an undertaking he was on by being on the premises of the Royal Bank on West Street when he was ordered stay away from the bank property. In another he was seen outside his residence during his mandatory 8 p.m.-7 a.m. curfew time, again a breach of his undertaking. He also breached his undertaking by failing to sign in with the Royal Newfoundland Constabulary as required.
Known to panhandle
Payne, who is known to panhandle in the city, was diagnosed with schizoid-affective disorder when he was 18, the court heard.
On Tuesday, Kennedy suggested Payne be sentenced to seven days on each of the charges for a total of 35 days, concurrent to each other and to Payne’s current sentence.
Kennedy said he felt it was an appropriate sentence given the circumstances of the offences. He noted Payne has an eight-page criminal record and it includes 11 convictions for failing to comply with court orders.
Payne was represented in court Tuesday by legal-aid lawyer Lynn Cole who suggested he be sentenced to a lesser period of time in the range of 14 days.
When it came time to discuss the imposition of a victim fine surcharge, Gorman said the court was in a difficult position.
Prior to October the court could use its own discretion in imposing the victim fine surcharge, especially in cases where convicted people could not afford to pay or that doing so would create a hardship for them. However, changes in the legislation governing the surcharge now require the courts to impose the minimum $100 fine on all charges that result in a conviction.
That means Payne must pay $500 to the court and was given 30 days to do so.
“The court has no other option,” said Gorman.