Break in and assault nets one year jail term

PENTICTON – A man who disregarded an order to stay away from his former partner’s residence, instead breaking in and assaulting her to take the former couple’s daughter, faced a sentencing decision in Penticton court today.

Mitchell Joseph Racine was arrested on Nov. 19, 2015 after smashing a window, door and television in his estranged partner’s residence in Penticton earlier in the day.

His relationship with his former partner had previously soured, to the point where a child safety plan had been put in place, prohibiting him from attending his partner’s residence.

Racine was severely intoxicated at the time, assaulting his former partner and seizing their infant daughter, who he took from the residence wrapped only in a diaper and blanket.

Racine went to a Penticton motel where police caught up to him a short time later.

Judge Michelle Daneliuk handed down her sentencing decision on charges of break and enter and assault in court today, Jan. 30, saying Racine violated a trust generated in a long term relationship by breaking into his ex-partner’s house and assaulting her. She also noted his lack of regard in taking his improperly dressed daughter while intoxicated.

Daneliuk also commented on Racine’s absence from the province for several years, relocating to Alberta where he accumulated several charges there, saying she believed he would not have returned to face his charges in British Columbia had he not been forcibly returned.

But the judge also noted Racine’s early guilty plea, genuine remorse and pre-sentence report, which indicated Racine’s good prospects for rehabilitation as positives in her decision to sentence Racine to 12 months in prison for breaking and entering and an additional 60 days for assault.

The sentences will run concurrently, followed by a two year probationary period.

Racine has served 147 days enhanced credit, leaving 218 days left on his sentence.

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