She may not have pulled the trigger during a home invasion that injured one man, but Amanda Berger still participated and will now spend the next year reflecting on her actions.
Berger, 35, appeared in Moose Jaw Provincial Court recently, where she pleaded guilty to one count of break and enter with intent to commit an indictable offence on Jason Fudge.
As part of a joint submission, she will spend 12 months on probation, must keep the peace and be of good behaviour, report to a probation officer, take personal programming, not be anywhere near Fudge, be prohibited for 10 years from possessing a firearm, and must submit a DNA sample.
Berger has already served 95 days in jail, but with enhanced time, is credited with 143 days.
The home invasion occurred around 8:27 a.m. on Dec. 4, 2021, at a residence on Second Avenue Northeast, explained Crown prosecutor Monique Paquin. Police responded to a report of a possible gunshot victim, whom they found with an injury to his left leg. EMS transported the victim to the hospital with non-life-threatening injuries.
Four people forced their way into the home by kicking down the door, but two remained on the scene afterward, the Crown continued. Berger later turned herself into police after learning there was a warrant for her arrest. She was charged with break and enter and released on conditions including having no contact with Fudge.
Paquin confirmed there were no allegations that Berger shot Fudge, adding the Crown believes this is an appropriate sentence given the accused’s record and participation.
Berger has been attending Narcotics Anonymous weekly and taking counselling regularly, her defence lawyer said. Her involvement “was minimal,” which is why the charge was downgraded. Her early guilty plea also worked in her favour.
“Ms. Berger, you’ve accumulated a very significant criminal record. And, of course, this is going to add to it,” said Judge Daryl Rayner. “I am going along with the joint recommendation, which means your record will reflect further jail on it.
“So you can anticipate that if you do continue with criminal behaviour, that you’re likely to once again receive periods of custody … ,” he continued. “With the significance of the charges on the criminal record, it is very likely that a court would consider jail if you do come before court again.
“I truly hope that Narcotics Anonymous is an opportunity for you to get clean and to stay clean … ,” Judge Rayner added.
