Man involved in armed home invasion in North Bay jailed for 18 months

During the arrest, officers found a loaded Glock 9mm handgun inside a satchel being worn by the accused. (Provided)

One of the three men who took part in a home invasion in North Bay in July 2022 has been sentenced for his role in the crime.

Joshua Shirley, of London, Ont., will serve 18 months after pleading guilty to three offences: break and enter, weapons possession and possession of a weapon while prohibited.

Shirley will serve the sentence after he completes a multi-year sentence he is already serving for drug trafficking offences in Peterborough.

However, his six-month sentences for the weapons charges will run concurrent to his 18 months.

A summary of the facts in the case were read out by Crown attorney Pierre Lambert Belanger during Friday’s sentencing hearing in North Bay.

Court was told that Shirley and two other people forced their way in to a High Street residence on July 26, 2022. They had a dispute with a man in the residence who was also connected to the drug trade.

However, a woman inside the residence was not connected any illegal activity, but was confined while the trio searched the house and found a safe.

“(Shirley) and another male left with the safe, which contained small amount of cash and jewelry,” Belanger said.

Shirley has a criminal record and is serving time in Peterborough for other drug offences, he added.

Justice David Nadeau agreed to a joint submission with Belanger and defence attorney James Miglin on an 18-month sentence, followed by three years of probation.

But confusion broke out in the court when the discussion turned to whether the 18 months would be served concurrently with his Peterborough jail time, or consecutively.

Wanted to 'get this over with'

Miglin was under the impression that part of the 18 months would be concurrent with his Peterborough sentence, but Belanger said that wasn’t what they had agreed to.

After a break, Miglin said it was his error, and that Shirley’s 18-month sentence would start after he did his time in Peterborough. However, the 18 months would be concurrent with the six-month sentences he received for the weapons charges.

Miglin offered to stop the hearing because of his mistake and restart talks with the Crown. But Shirley declined.

“I just want to get this over with,” Shirley said.

“I just want to plead out.”

Belanger said he was comfortable with the sentence, in part because the victim in the case was in support.

“She said the most important thing was for Shirley to take responsibility for what he did,” Belanger said, adding that “it was clearly a traumatizing event for her.”

While agreeing to the sentence, Shirley was concerned about the fate of his cellphone, which police seized when he was arrested two years ago.

“I’m paying for it,” he told the court.

“It had nothing to do with the crime.”

Miglin said police in North Bay mostly likely had it and that they could discuss getting it back later on.