A judge had a stark warning Thursday for a young Blind River man about what's ahead if he continues committing crimes of violence.
Doing time in a federal prison at this age will be very difficult, Ontario Court Court Justice John Condon told the 22-year-old repeat offender.
Austin Mercieca pleaded guilty to robbery and breach of probation for the part he played in a May 30 incident at a Youngfox Road residence in the community east of Sault Ste. Marie.
He was one of three people who entered the home and made off with medication that was on the complainant's kitchen table, prosecutor Andrew Allen said.
The court heard officers with the East Algoma detachment of the Ontario Provincial Police responded to a call about a robbery shortly after 1:30 p.m.
A woman had knocked on the man's door and he let her in, the assistant Crown attorney said.
Two other people rushed in — one was masked and the other was Mercieca, who got into a struggle with the victim.
The complainant told the cops the accused had been there earlier that day and had been asked to leave.
The Crown and defence lawyer William VanBridger jointly proposed six months jail, less credit for his client's pre-sentence custody, which would result in a further 51 days behind bars.
Allen described what occurred was "essentially a home invasion" and "should be denounced in the strongest terms."
The proposed sentence is at the lower end, considering almost everything on Mercieca's record are offences of violence, he told Condon.
Further custodial time, plus probation, "hopefully will keep the victim safe."
VanBridger told the court the complainant was involved in the criminal underworld and his client stole $80 in medication from him.
The violence here was a push, and the other man fell over, but there were no injuries, he told Condon.
There were triable issues, the defence said, adding he had explained to Mercieca that the joint position was a lucky break for him.
"I told him he's climbing a dangerous ladder here," and if he returns to court on similar charges the sentence will be much more, VanBridger said.
He described the sentence as a light one given the facts.
The defence told Condon that Mercieca grew up in a household where he had no parental guidance.
He never had to go to school, had mental health issues, learning disabilities, and got involved in drugs, VanBridger said.
When he imposed the sentence, Condon told the young man it's "sad to listen to your situation," the lack of guidance when he was young and "the issues that plague you."
At 22, with a record replete with violence, "you have lived a full criminal life and spent a lot of time in and out of jail," the judge said. "I can only believe that is not the way you want to live your life."
The sentence for home invasion starts at four years in a penitentiary, and "if you didn't enjoy the provincial system you won't enjoy the federal one," he warned.
Condon described the joint position as the low end of the range.
Once Mercieca does his time, he will be on probation for two years with conditions that include no contact with the complainant, assessment and couselling for substance abuse, psychiatric and psychological issues.
As well, he is prohibited from possessing weapons for 10 years and must provide a DNA sample for the national database.
On Tuesday, a co-accused appeared in another court where she pleaded guilty to two charges stemming from her involvement in the incident.
Chelsey Varga, 29, was convicted of robbery and breach of probation.
She was the woman who knocked on the complainant's door that afternoon, enabling Mercieca and another person to push their way into the home, Ontario Court Justice Melanie Dunn heard.
The complainant wasn't injured but he has heart issues and had trouble catching his breath, prosecutor Adrianna Mucciarelli said.
The assistant Crown attorney and defence lawyer Ken Walker jointly called for six months jail, plus two years probation.
Varga has a recent related record for violence that includes break and enter and assault, she said.
"The Crown has a really strong case," Mucciarelli told the court. "This is a robbery charge that is quite serious" and the sentence is appropriate.
Varga has been in custody since May and is in a time-served position, the lawyers said.
Walker said his client, the mother of five, has a borderline personality disorder and started getting in trouble in January.
He described her role as "less than the others involved."
The defence also said if facts had been brought forward about the complainant it would have put things in a different light.
When she imposed the sentence, Dunn said the joint position is within the range and "I'm bound to accept it."
Varga was sentenced to one day time served and placed on probation for two years.
During that time, she must take any recommended assessment, counselling and rehabilitative programs, and can't have any contact with the complainant.
Dunn also imposed a 10-year weapons prohibition and ordered Varga to provide a DNA sample.