Get off the pot, says judge

Photo: Deborah Pfeiffer

A 20-year-old Hedley man was handed a 42-day sentence and 18 months probation in Penticton court on Thursday for illegally being in possession of a rifle.

Harry Coleman Aiken was facing several charges including the unauthorized possession of a firearm, in this case a family heirloom.

Crown prosecutor Andrew Vandersluys told court that on March 5, 2015, RCMP officers responded to a report of a young man out of control at home in Hedley. Officers were told the young man had been a fight with his brother.

Later the same day, police were called to the home again, his mother came out holding rifle bullets and said she was pushed by her son. She told officers he had a rifle in his room. Upon entering, they found a plastic rifle case in his closet.

Aiken told RCMP that he had a license for the rifle his father had given him. This proved to be untrue, and he was arrested for unauthorized possession of a firearm. The gun was seized.

Aiken was released on a promise to appear in court, but was arrested again in June 2015 on an outstanding warrant following a series of breaches of probation.

This was followed by a domestic assault, involving a young female acquaintance, on Dec. 26, 2016. He was arrested on Jan. 12 on more outstanding warrants, including the domestic assault investigation. He has been in custody ever since.

Forensic and presentence reports did not diagnose Aiken with a major mental disorder, but did find a “cannabis use disorder,” described as the continuous use of cannabis despite it causing impairment or distress significantly more than usual.

Defence lawyer Nelson Selamaj told the court this is a young person who hasn't quite figured out his life yet, pointing to his lack of criminal record.

In handing down the sentence, Judge Gregory Koturbash told Aiken there was a strong link between his behaviour and use of marijuana, adding that he’s still young and still has time to get things under control.

With the credit for time served, he has six days remaining in custody.

Probation conditions include staying away from the person involved in the domestic dispute and not possessing or consuming any alcohol or illegal drugs. He was also handed a three year firearms ban.