Awful not to feel safe in your house, court hears

Alicia Mancino's attempt to get inside an east-end residence in early December shattered the family's sense of safety in their own home, a judge heard Tuesday.

It was 7:50 a.m. on Dec. 2,  when she was at the front door and tried several times to enter the Florwin Drive home.

A 10-year-old girl went to the door, locked it and kept Mancino out of the house, assistant Crown attorney Ellaree Metz said.

The frightened child called out to her mother, and city police were contacted about a suspicious person.

When officers spoke to the homeowners, they learned a young woman, dressed in black, with a backpack, had been jiggling the door handle in an attempt to gain entry.

Police received a second call that the woman was back in the area and located her on Caddy Avenue.

Mancino told officers that she had a battery charger that she wanted to give away, Metz said.

The door to a nearby vehicle was open, and the owner indicated a charger and other items were missing.

The 26-year-old woman pleaded guilty, via Zoom from the Algoma Treatment and Remand Centre, to four charges stemming from her actions that day.

She was convicted of break and enter with the intent to commit an indictable offence, breach of probation, and two counts of possession of property obtained by crime.

Ontario Court Justice Heather Mendes heard several items, including a notebook, Canadian Tire money, ownership papers, $30 and several gifts cards of significant amounts, were taken from the vehicle.

The cards were not found on Mancino, the Parry Sound prosecutor told the court.

At the time of the incidents, she was on two probation orders to keep the peace.

The Crown and defence lawyer Ken Walker jointly recommended that his client be sentenced to 90 days (time served) and 12 months probation.

Metz called the accused's "very early" guilty pleas indicative of remorse and a  mitigating factor.

"The Crown's case was strong but would have involved the potential testimony of a young child," she told the court.

Mancino's pleas spared the witness from having to testify and she's accepted responsibility for her actions.

What occurred at the home was "a scary situation" for the child, violating the sense of security and safety in the very place we expect to be safe, the prosecutor said.

Metz read a victim statement from the girl's mother outlining the emotional impact the "traumatic situation" has had on the family, and in particular her daughter.

It is awful not feel safe in your own house, the woman said, indicating "we worry about the safety of our family and home."

The man whose vehicle was targetted told Mendes he feels violated.

"The way she went through my truck and took my belongings, I still don't have them all back."

Walker said his client has a bipolar disorder, ADHD, fetal alcohol syndrome and a drug addiction.

The substances Mancino used seem to make her spiral out of control, he told the court.

"Her record started in late 2022 and came on like gang busters."

The defence said if she doesn't change her ways more people will be victimized and she may become a statistic.

"Fentanyl is out of control for her."

Although it was difficult to hear what Mancino told the judge when asked if she had anything to say, she did indicate "I just want to apologize."

When she imposed the lawyers' joint sentencing submission, Mendes agreed the early pleas were mitigating and a sign of remorse.

They saved considerable court time and resources, and the young person didn't have to testify, she said.

She cited the aggravating factors, including Mancino's convictions for similar offences in October.

As well, her actions had violated the sense of safety one has in their home, especially that of a child, Mendes said.

During her year-long probation, Mancino can have no contact with the victims and must not be within 50 metres of them.

She must undergo any recommended counselling for substance abuse and mental health issues.

The judge also imposed a 10-year weapons prohibition.

Mancino must provide a DNA sample for the national database.