Chronic loiterer released from jail

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This article was published 30/03/2023 (1273 days ago), so information in it may no longer be current.

A man who has been reported to police 27 times this year for lingering in public buildings and apartment complexes has been released after spending almost a month in jail.

Sebastian Benn pleaded guilty in court Monday to a charge of mischief after committing a series of offences which lawyers described as more of a “nuisance” than anything criminal.

Benn has been in jail since March 5 after being arrested for an incident at the Days Inn hotel on Currie Boulevard. That afternoon, an employee notified police of a man who was attempting to access rooms. The employee also told police the same man had been causing problems at the hotel for the past four days. Benn left the hotel after overhearing the employee’s call with authorities.

When police viewed the hotel’s video surveillance, an officer recognized Benn from previous interactions and police located him a short distance from the hotel where they arrested him.

Sarah Kok, an articling student representing the Crown, said Benn could’ve been indicted with a more serious charge of break and enter, but he never successfully entered any of the hotel rooms.

“It’s a situation that appears that Mr. Benn is more so being a nuisance and just loitering rather than anything wrong,” Kok said, noting that Benn should not be in places where he doesn’t have permission to be.

What the Crown found much more serious was Benn’s lengthy history of lingering in hotel lobbies, hallways of apartment buildings and inside businesses. But Benn has previously told police he has no stable housing and is usually looking for a place to warm up.

Kok said that while Benn has not been doing anything overly harmful, he has been repeatedly asked to leave these spaces and his responses have been rude and disrespectful. Additionally, there have been reports of Benn in the backyards of Brandon homes late at night, which the Crown found concerning.

Defence lawyer Andrew Synyshyn told the court that while Benn is no stranger to the criminal justice system — he spent five days behind bars for a previous mischief conviction last year —his offences are largely property related. He added that Benn deals with alcohol addiction and mental health issues.

While there could be holes in the Crown’s case to prove Benn’s role in the hotel mischief, Synyshyn said, his client is accepting responsibility.

“Keeping someone in custody for this type of offence and these types of behaviours isn’t what the criminal justice system is for,” Synyshyn said. “Jail is not an alternative to social housing or other measures.”

The lawyer said he tried to set up housing resources for his client to use when he is released and although a complete plan wasn’t in place Monday, he urged his client to take advantage of community supports.

“The system always has sympathy for those who find themselves homeless, unable to have a warm, safe place to live, who are maybe desperate to find accommodation or feed themselves,” said Judge John Combs.

The judge gave Benn a stern reminder to seek services in the community to help him, rather than staying in businesses and residences where he isn’t welcome.

“You need to make sure that you access the resources that are available,” Combs said. “Because if you don’t and you continue with this behaviour, you’re going to find yourself back where you are right now.”

Benn, who appeared in court from Brandon Correctional Centre by video, declined to comment in court.

After his release, Benn will be bound by a one-year unsupervised probation which prohibits him from attending the Days Inn hotel.

» gmortfield@brandonsun.com