More delays in Spiderman arson case
It has been two years since Brandon Seberras-Pick went on what he called a 'harmless fun adventure spree' and now he must wait two more weeks to learn if his adventure will mean time behind bars.
The 'harmless spree' as Seberras-Pick described it, back in Februrary of 2012, to the arresting officer , included attempted arson and breaking into a home in the Black Mountain area where he tried to serve himself something to eat.
He was only 18-years-old at the time and told police the following day that he had been drunk, and high on magic mushrooms.
Crown counsel David Grabavac is asking for 18 to 21 months of incarnation, a DNA order, a lengthy probation, a ban on alcohol and drugs along with counseling and treatment.
Grabavac believes there are aggravating factors in the charge of break and enter, as Seberras-Pick broke into a home at night, when he knew there would be a high possibility of someone being asleep in the residence.
However defence lawyer David Johnson, says the break and enter was something more along the lines of a prank, referencing the homeowners statement to police, where he claims that when confronted Seberras-Pick replied, 'I'm just your friendly neighbourhood Spiderman'.
While Johnson says a break and enter can be very detrimental to the victim, in this case Seberras-Pick was under the influence and did not wish to cause harm or steal for monetary value.
Johnson is asking for a sentence of time served, which was a period of 14 days following the incident, a serious probation order plus conditions.
Defence does not want the 20-year-old to serve time in jail, claiming he will be placed alongside hardened criminals which would not be beneficial to his rehabilitation.
Seberras-Pick could also be placed under house arrest, a sentence that the Crown did not agree with.
Both councils also agreed that Seberras-Pick should not be allowed to enter the Black Mountain area, where the crimes took place, as part of his probation.
Seberras-Pick did under go a psychiatric assessment following the hearing where it was found he did not have a mental disorder.
The Kelowna resident is remorseful says Johnson, and has obeyed his lengthy bail conditions without incident which means he takes court orders seriously.
Seberras-Pick has also been acquitted of an arson charge stemming from the same night where it is alleged he 'lit part of a deck on fire before walking away', no one was hurt in this incident, but approximately $200,000 damage was caused.
Sentencing is set for March 7.
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