Jacob Bussineau's new attitude and the efforts he's made to change helped convince a judge to give the 34-year-old a chance to turn his life around.
The Crown was seeking time behind bars for his latest crimes, which repeatedly involved catalytic converters, after he was convicted of four offences last week.
But after hearing from the defence and the accused, Ontario Court Justice Romuald Kwolek decided a nine-month house arrest sentence was appropriate.
Bussineau pleaded guilty to theft, possession of break-in instruments, and two counts of breaching probation.
The court heard city police responded to a call about a suspicious person at Mister Transmission on May 2, 2022.
It was 4:40 a.m. and the caller could hear a loud grinding noise coming from under a vehicle at the Pim Street business, prosecutor Andrew Allen said.
Officers spotted a man running away, and when they nabbed him the cops found he had two catalytic converters in a bag, as well as a saw and pliers.
Bussineau breached his probation by having these items.
Pointing to her client's "significantly positive" pre-sentence report, defence lawyer Jessica Belisle said he has made a substantial effort, working towards a change "that is rare for an individual like this."
He's been fighting a significant addiction since 2016 and is remorseful for his actions.
Bussineau also suffers from mental health issues and has been working with the John Howard Society for a year.
"He has taken steps to consistently address the issues that bring him before the court."
Kwolek heard he has attended treatment and has a job with a marine service company.
"He is 34 and this is the first time since he was 12 that he's been living a sober life," Belisle said.
"He's been clean for several months, has a supportive probation officer, and is prepared to listen to court orders."
The defence agreed with the Crown that six to nine months custody is the appropriate sentence.
She asked Kwolek to impose a six-month conditional sentence, which her client would serve in the community, rather than time behind bars.
The Crown argued this is completely inappropriate in these circumstances.
Bussineau has a record replete with breaches of court orders, including 14 for violating probation.
How can the court have any confidence that he will follow the sentence order, Allen asked.
At the time of these offences, the accused was not to possess any catalytic converters and he was out in the middle of the night stealing them, noted the Crown.
His last sentence was 217 days jail and he wasn't considered suitable for community supervision at that time, the assistant Crown attorney said.
Bussineau told the judge he's definitely changed and has been doing pretty good for 15 months.
"I have a totally different outlook. I feel positive for the future."
When he imposed the nine-month conditional sentence, Kwolek told him "I want you to continue what you are doing."
Noting Bussineau appears to be turning his life around, the judge reminded the offender "you were in jail for a significant time" when "I last sentenced you."
The court has heard there's been "a significant shift in your attitude" and you are "now considered appropriate for a conditional sentence order."
During the first six months of the sentence, Bussineau will be confined to his residences.
He can only leave for employment, medical emergencies and appointments, and to obtain the necessities of life on Saturdays from 9 a.m. to 2 p.m.
During the last three months, he will have a 10-p.m.-to-6-a.m. curfew.
Businneau must stay away from Mister Transmission and take any recommended counselling.
He can't have any alcohol, drugs, weapons or break and enter implements.
Once he completes his custodial sentence, he will be on probation for two years with conditions that include no weapons, taking counselling and rehabilitative programs for substance abuse and mental health issues.
As well, he must continue to stay away from the Pim Street business and is not to possess any catalytic converters.