Thief who attempted $1K theft from Penticton Walmart sentenced to no more time in jail

Photo: Castanet

A Penticton woman is going free with a stern warning from a judge not to breach probation requirements, after attempting to steal approximately $1,000 worth of merchandise from the local Walmart.

Jennifer Atkins, born in 1990, appeared in Penticton Provincial Court Wednesday after pleading guilty to the 2021 incident.

Court heard that Atkins, who was homeless at the time, had walked out of Walmart on Oct. 4, 2021 with multiple items, mostly clothes, valued at $1,000, without attempting to pay.

Store security chased her into the parking lot, where an off-duty correctional officer intervened, whom Atkins punched in the nose.

Atkins spent three days behind bars as a result of the incident before being released pending trial. She has a criminal record, which includes a history of breaching court orders.

Crown counsel asked Judge David Ruse for a sentence of 30 days in jail, minus credit for the three days already served, plus a period of one year on probation.

Defence counsel argued it should be less, asking for 15 days' incarceration and a probationary period.

Judge Ruse thought both were too much.

"By looking at her record, she hasn't been in any trouble since this matter," Ruse said, noting it is her first conviction for theft under $5,000.

But he also noted that Atkins has a history of not listening to the court, and cautioned her to heed his words carefully before sentencing her to time served.

"In February of 2018, you were placed on a probation order for one year. You breached it that day," Ruse said.

"Presumably you were ordered to report [to a probation officer], you didn't report. Don't do this again. You've been given a break ... If you breach the order in any way you're likely going to spend a lot of time in jail."

Atkins will be under probation conditions, including no contact with the man she punched and not being allowed at Walmart, for one year.