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Judge banishes Kitchener man from Prince Edward Island for 2 years

The Confederation bridge is seen near Borden, P.E.I. late Wednesday, August, 14, 2013. The Canadian Press/Jonathan Hayward

A man from Kitchener, Ont., has been banished from Prince Edward Island for two years after committing a string of crimes on the Island.

Brian Mark Clarke, 36, was recently sentenced in Charlottetown on charges including theft, operating a motor vehicle while prohibited, flight from police and possession of stolen property.

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Provincial court Judge John Douglas sentenced Clarke to time served of 90 days and a two-year probation order, including the provision that he is not to be in Prince Edward Island during the term of probation.

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Crown prosecutor Jeff MacDonald confirmed this week that the total sentence was a joint recommendation between Crown and defence.

Clarke is from Kitchener, Ont.

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Nicole O’Byrne, a law professor at the University of New Brunswick, says while banishing an offender from such a large area as a province is unusual, it is well within the sentencing judge’s discretion to impose that term.

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“While the banishment of an offender reminds one of the punishments meted out in the Middle Ages, it is within the set of sanctions that a judge might find reasonable in a particular circumstance,” she said in an interview.

According to a report in the Charlottetown Guardian, Clarke apologized for his crimes, telling the court he moved to the Island in a bid to address a drug addiction.

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