By Ian Holmes

Credit for time served sees Nanaimo thief set free

Nov 15, 2018 | 12:14 PM

NANAIMO — A man who funded his drug habit by ripping off several local businesses is free after being credited for time already served behind bars.

Kevin Ninian Stewart, 39, was handed a nearly four-month jail sentence on Wednesday after pleading guilty to three counts of theft under $5,000, while also admitting to using a forged document and breaching probation. The sentence was a joint submission from Crown counsel and his defence.

Court heard Stewart stole $364 worth of meat from a Courtenay grocery store, goods from Cabela’s in Nanaimo, forged a cheque and breached his probation when police found him hiding in the closet of an Uplands Dr. home. The offences occurred between February and May of 2018.

Stewart’s 77 days behind bars prior to sentencing amounted to credit for 116 days due to the time-and-a-half calculation used by the courts to determine time served. 

Provincial court judge Brian Harvey told Stewart this is a crucial time to better his life and put his substance abuse issues behind him.

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“You’re at the stage now that you’re just going to end up getting lengthier jail sentences based on your record,” Harvey said.

Stewart has three previous convictions: a pair for assault and another for theft under $5,000.

Court heard Stewart was homeless for a time, previously underwent drug treatment and wanted to create a more positive future.

“Drugs are the bane of his existence since the age of 18, consisting of cocaine and meth, hence these files. Alcohol does contribute,” his lawyer James Wright told Judge Harvey.

Wright said Stewart intends to either work again or go back to school.

He will also be on probation for one year.

Ian@nanaimonewsnow.com

On Twitter: @reporterholmes