Homeless Man Steals Goods To Go Home

A homeless man, with an extensive criminal record, was able to escape with a fine for theft from a local business on Tuesday morning.

Appearing by telephone, Daniel James Kelly, plead guilty to a $903.12 theft from Rona on February 19, 2022.

Court was told Kelly was seen taking the goods from Rona and exiting the store. On the way out and in the parking lot Kelly had placed the goods in a vehicle and continued walking. He was subsequently arrested by the Moose Jaw Police Service nearby.

Upon his arrest the property was located, Kelly cooperated with the police and the property was returned, Crown Prosecutor Rob Parker said.

“A fine would be appropriate here,” Parker told the Court.

“I expect Mr Kelly will be working the fine off. A $200 fine is just under 20 hours of community service work.”

There was an admission to Kelly having a “fairly extensive criminal record” between 2001 and 2021 but the offences were “primarily personal violence but nothing in the way of theft.”

Parker went on to tell the Court given Mr Kelly’s finances and being unemployed that the victim’s surcharge (30 percent of the fine) was something he was agreeable to waive.

Court was additionally told Kelly was homeless in Moose Jaw and had stolen the items as a means to finance his way back home to Watrous.

At the present time Court was also told Kelly was living in a vehicle at his father’s home in Watrous.

During his reply Kelly told the Court that at the present time he had a job working at a mine.

Kelly telling the Court he had secured employment had Crown Prosecutor Parker questioning whether it was now appropriate to waive the 30 percent Victim’s Surcharge.

“I expect now that Mr Kelly has a pretty good job that Mr Kelly will pay the surcharge,” Parker said.

After a brief recess, where Kelly spoke to Legal Aid counsel, he agreed to pay the 30 percent Victim’s Surcharge.

Judge Brian Hendrickson agreed with the joint submission between the Crown and Defense of a $200 fine.

“Given the mitigating circumstances, early guilty plea, Mr Kelly was cooperative and through this cooperation the was the recovery of these items,” Judge Hendrickson felt the joint submission was acceptable punishment.

Kelly has until February 10, 2023 to pay the $200 fine and is also required to pay the $60 Victims’ Surcharge by September 8th because government regulations make it payable within 30 days of conviction.

“I just hope I can stay out of Moose Jaw and stay in Watrous unless I come to see my kids,” Kelly told the Court.