Photo: Contributed

A Penticton offender will see jail time and one year's probation after stealing from the local Safeway twice in three months.

In Penticton court on Wednesday, Elijah Jackson Froese pleaded guilty to two counts of theft under $5,000 and was sentenced to one day imprisonment and one year's probation.

On Oct. 31, Froese stole $58.30 in groceries from Safeway, which was reported by the store's loss prevention officer and caught on surveillance video.

Froese was confronted outside of the store and the grocery bags were left laying on the road. A warrant was issued for the Penticton man as he was not located following the offence.

Then, on Jan. 8, Froese stole three candles from Safeway valued at $36. The offence was once again noted by a loss prevention officer. Police arrested Froese at a Main Street property where afterwards he was released with a promise to appear in court.

Froese is already in custody on another matter and has a history of convictions consisting of violence and breaching court orders.

Judge Lynett Jung sentenced Froese to one day imprisonment with 29 days credit for time already served, plus one year of probation. Froese is also prohibited from entering Safeway.

"I'm declining to impose a counselling condition or a reporting condition in the circumstances because I'm persuaded by the submission of [defence] that might not be meaningful because Mr. Froese is in custody on other matters," Jung said.

"I don't do this lightly. I completely respect the work that probation and corrections [do] in our community to help us understand or stay out of conflict with the law. But considering these particular circumstances, I'm declining to impose those two conditions."

Froese had said that he had not intended to steal in each incident, adding he entered Safeway because he was cold while experiencing homelessness.

Defence argued that Froese experiences substance use issues and is a vulnerable member of the community.

He is currently using mental health services to prevent future incidents.

Judge Jung added that violating probation again could land Froese with new charges or custody.