A Brig Bay man who was granted a conditional sentence in January with electronic monitoring has been sent to jail to complete the time left on the four-month sentence.
Jason Simeon Genge, 39, was found by Judge Wayne Gorman to have breached that conditional sentence on four separate dates.
A warrant for Genge’s arrest had been issued on March 6 and he was arrested on March 29. Gorman issued his decision on the breaches in provincial court in Corner Brook on April 6.
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The 120-day conditional sentence order had been imposed by Judge Catherine Allen-Westby on Jan. 12 after Genge was found guilty of breach of a probation order from March 25, 2016, an assault and breach of a probation order from July 23, 2016, and breaches of a recognizance and a probation order from July 2, 2017.
As part of the sentence, Allen-Westby granted a request by Genge that it include electronic monitoring through a bracelet equipped with a GPS (Global Positioning System) from Recovery Science Corp.
The GPS system tracks movement in real time, anywhere there is a cellphone tower, and enabled Genge to travel from this province to Alberta to work. While not working he was to reside in Deer Lake.
He was also fitted with another bracelet that monitored him for alcohol consumption once every 30 minutes.
The services offered by the Ontario company were being paid for by Genge.
In his written decision, Gorman noted Genge breached his conditional sentence order on Feb. 23 and 24 and March 25 and 26 by being in locations not listed in the order.
Data presented by Recovery Science Corp. showed the dates, times and locations of the violations.
Genge admitted he committed the breaches referred to in the report from Recovery Science. He said he had been working in Alberta and left the hotel he was staying in because of financial and addiction pressures.
He stayed with friends in February and March because of the expense of the hotel and to receive addiction support. However, on none of these occasions did he obtain the required approval of his sentence supervisor.
Genge also testified that the employment he had obtained in Alberta has ended, but that he has obtained a new position which will start in a short period of time.
Genge’s conditional sentence order was suspended when the warrant for his arrest was issued.
So, Gorman could consider the time he spent in custody following his arrest as time served and grant him credit for that toward the remainder of the sentence.
However, Gorman noted in his decision that Genge has a history of breaching court orders and that, combined with the number of times Genge breached his conditional sentence, led him to conclude Genge will not be granted time served for the period of time spent in custody following his arrest.
