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Home invasion leads to two years in prison

A local man received two years less a day in a provincial correctional centre, during Monday's provincial court sitting in Estevan.


A local man received two years less a day in a provincial correctional centre, during Monday's provincial court sitting in Estevan.

Coulter Pospisil was charged after invading a home in Bienfait and committing an assault on the two occupants, one of whom was an ex-girlfriend. Pospisil appeared without legal counsel, the same as he did in his first court appearance where he entered his guilty plea and where a pre-sentence report was commissioned.

Crown prosecutor Bill Burge told Judge Jeffrey Kalmakoff he had spoken to the accused about having a lawyer present, considering the serious nature of the offence, but Pospisil said that wasn't necessary.

Kalmakoff reminded him the maximum penalty he could receive is life in prison and asked if it was his wish to continue with sentencing. Pospisil said it was.

Pospisil has a previous criminal record but no previous violent offences.

During the incident in this case, Pospisil saw a vehicle he recognized parked outside a house in Bienfait around 6:50 a.m., noticed it was his ex's and approached the house. He broke a window in the door and made his way into the house.

The male victim was in bed but heard the noise. He saw Pospisil standing in the bedroom doorway and went to push him out. A fight began in which Pospisil struck the male a number of times, "re-cracking" his nose, said Burge.

The victim was pushed into his daughter's bedroom, though she was not present during this incident. Pospisil began "fighting" with the female, but Burge noted his report didn't define fighting, and he had no reason to believe there was any violence; the two may just have been arguing.
Burge reported that Pospisil told the male victim, "You had better get a restraining order against me, because I'll come back until you're dead."

As this is a personal injury offence, Burge said the only options for sentencing were jail or a suspended sentence.

"It's my submission that a suspended sentence is completely inappropriate."

He also asked the judge for a 10-year firearms prohibition and compliance with DNA sampling to be given to authorities. Kalmakoff accepted those submissions in his sentence.

The judge noted that in a typical home invasion case, the suggested sentence is four to seven years, although he added those offences usually involve robbery as well, and in this instance that is not what happened.

Kalmakoff said he had to keep in mind the principle of restraint. Pospisil is the primary income earner for his common law spouse and one-year-old daughter.

Pospisil was taken into custody following the sentence.

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