Burglar sentenced to 2 years

A prolific offender will avoid time in a federal institution, after being sentenced to two years less a day for a drug-fueled break and enter.

Matthew Toker, 41, pleaded guilty Thursday to one count of break and enter and breaching court ordered firearms and controlled substance bans.

On July 4, 2017 he was caught by police breaking into a home on 400 block of Young Street in Penticton. A neighbour heard banging next door and knew the people who lived there were away and called RCMP, who caught him in the act.

Citing Toker’s lengthy history of break and enters, the Crown asked for a four-year sentence.

Defence lawyer Ben Lynskey told the courtroom his client suffers from a brain injury as the result of an assault the last time he was in a federal prison.

“Mr. Toker should not have been living in an apartment by himself. He needs significant support,” he said.

Toker stood to tell Judge Koturbash he was “very disappointed in himself,” and was scared to go back to a federal prison — which takes inmates serving more than two years.

With credit for 225 days already served, Toker has 594 days left on his sentence.

Upon release, he will have three years of probation. 

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