Prolific burglar spared from repaying victims nearly $40K

An Elliot Lake man pleaded guilty Tuesday to a series of burglaries that were costly crimes for his victims.

William Sinclair was convicted of 15 offences involving break-ins to a home and a number of businesses in the city, when he appeared in a Sault Ste. Marie courtroom.

The offences occurred between November 2019 and June of last year, Superior Court Justice Edward Gareau heard.

The first incident occurred on Nov. 1 when a neighbour noticed a nearby residence's side door was damaged and someone had entered the home.

The owner was out of the country, and police found the culprits had ransacked some rooms, prosecutor Simran Singh said.

A cigarette butt was located in a second-floor room, an area in the home where the residents didn't smoke.

DNA testing matched it to Sinclair, the assistant Crown attorney told the court.

The accused pleaded guilty to six charges, including break and enter to commit theft, stemming from a Jan 16, 2022 burglary at the ECO-Mat laundromat.

Sinclair, 53, admitted stealing a change machine and destroying drywall, a picture and a currency machine.

He was wearing a mask and had a break-in instrument (a pry bar), Gareau heard.

Ontario Provincial Police responded to a call about the break-in, involving Sinclair and two other men, shortly after midnight.

Officers identified them from still photos taken from a surveillance video.

On June 10 of last year, he was involved in a break-in and theft at NAPA Auto Parts.

Again he was masked and again was caught on camera, the prosecutor said.

Sinclair hurled a large rock at a glass door. It bounced off the glass, he retrieved the rock, threw it again and then breached the door.

He then shattered the glass in a second door with the rock.

Security camera footage showed two people entering the business and stealing numerous items, including a Stihl saw.

Six days later, the owner of Hillside Shop & Save contacted police, shortly before 5 a.m., about a break-in that was in progress at the convenience store.

When officers arrived, they found the culprits had entered the business through a rear loading door. Once again, security cameras caught them in the act.

"They ran straight to the cash area" and made off with scratch tickets and a laptop, Singh told the court.

The Crown and defence lawyer Ken Walker jointly proposed a sentence of time served, plus a further eight months behind bars.

With the enhanced credit of 1.5 days he received for each day he has spent in custody since his arrest, the total sentence is 26 months.

Given Sinclair's criminal record, and the nature of the crimes, the sentence is fair, but still denounces his conduct, Singh said.

"It is significant enough it should accomplish deterrence."

Citing the victims' significant financial losses from the thefts and damages to their businesses, the prosecutor also asked Gareau to impose a restitution order.

The total cost would be just under $40,000.

Walker said his client is incapable of paying this.

Sinclair suffered a back injury in a workplace accident five years ago, he is on disability and "has no assets or savings."

His partner has suffered a stroke and is in a nursing home, and his elderly mother is not in the best of health, the defence said.

"I'm remorseful and apologize for everything I've done," Sinclair said, telling the judge he wants to look after his wife and "to see my mother before she dies."

Gareau said the court has to be realistic about restitution.

The businesses and individuals suffered a loss of approximately $40,000, but this has to be balanced with Sinclair's situation.

He has no savings, no assets, a spouse and elderly mother and "it's pretty clear" that when he is released from custody he's not able to work and has responsibilities.

"A restitution order is impractical in the circumstances," Gareau said. "There is no reasonable prospect he could pay."

In addition to imposing the lawyers' recommended custodial sentence, he banned Sinclair from possessing weapons for the rest of his life and ordered him to provide a DNA sample.