A Kelowna man with more than 30 criminal convictions was recently sentenced to more time behind bars stemming from charges related to an incident of intimate partner violence in 2024.
Klayton John Kearns, 46, was sentenced May 22 to 30 months in jail for break-and-enter and six months for assault, to be served concurrently, after intentionally breaking into the house where a former partner was staying on April 23, 2024. He was given credit for time served.
In a statement of facts presented to the court, Justice Lawn explained Kearns waited outside the home of where his ex-partner was living at the time as he wished to speak with her. Kearns was not welcome in the home, however, the court heard that the ex-partner did come outside once to speak with him.
Sometime after 9:30 p.m., Kearns used tools to break into the house, where an altercation ensued with his former partner. The incident awoke the homeowner, a relative of the victim, who witnessed Kearns standing over his ex-partner holding a screwdriver. The homeowner pulled Kearns off the victim and called a neighbour for help. Then a neighbour arrived and assisted in removing Kearns from the house.
Justice Lawn stated Kearns showed no remorse for his actions and has a history of violence with intimate partners, despite his denial of being a violent or aggressive person.
A psychiatric assessment and report were completed ahead of sentencing. Kearns was diagnosed with schizophrenia, and he admitted to a history of cocaine and meth use, occasionally and alcohol use daily. The report stated that Kearns’ use of illicit drugs and history of intimate partner violence were both reasons to believe he could re-offend, potentially including violent offences.
Justice Lawn said the sentencing range for the charges was nine months to five years, adding the defence recommendation of six to nine months followed by probation was too low. Lawn, however, did not agree with the recommendation from the Crown of three years for the break and enter and an additional six months for the assault to be served consecutively, less time served.
Kearns sentence totalled 912 days minus the 362-day credit for time served, totalling 550 days behind bars.
Along with the prison sentence, Kearns was also handed a DNA order, a firearms prohibition, a no-contact order with the owner of the house he broke into, as well as the neighbour who assisted the homeowner, and a conditional contact order with his ex-partner.