Prolific Kelowna shoplifter ordered to pay stores back

In an unusual move, a BC judge has attempted to make a prolific Kelowna shoplifter pay back the stores for all the stuff he stole. BC Provincial Court Judge Cathie Heinrichs acknowledged that 59-year-old Garth Gorrell was homeless when he went on a two-year-long shoplifting spree but pointed out he wasn't stealing food. "These were expensive items," Judge Heinrichs told the court. "You often went back to the same business." On April 8, the Kelowna Provincial Court heard how Gorrell had stolen everything from a $160 bottle of wine to $500 sunglasses in a shoplifting spree that targeted stores from Home Depot to 7/11. From 2023 until being put in custody last month, Gorrell swiped $2,200 worth of tools from Home Depot, stole three pairs of sunglasses worth $1,500, pinched headphones from London Drugs and Walmart, and car parts from Princess Auto. Many of the stores he'd returned to, and steal from them again. Once he was stopped coming out of Home Depot with $1,200 worth of tools, but almost none of the stolen goods were recovered. He managed to walk out of Best Buy with a vacuum cleaner, speakers and a blender worth $2,300. At one point stole $150 of lottery tickets from 7/11. "I'm assuming he didn't win," his lawyer told the court. How the 59-year-old got caught wasn't clearly explained in court, but it appeared he was captured on CCTV regularly. In total, he was found to have shoplifted $6,400 worth of goods. The shoplifting spread began in early 2023 but charges were first laid in January 2024. He continued stealing from stores and racked up 18 charges for theft. He avoided going to trial and pleaded guilty to 10 of the charges. It's not clear why, but defence lawyer Gavin Jones said Charter Rights issues would have been raised if the case had gone to trial, mentioning an issue with CCTV evidence the RCMP had collected. The court heard how Gorrell had a lengthy criminal record, largely from his time in Calgary, which dated back almost 40 years. He'd spent time in prison for break and enter, and had convictions for multiple thefts, forging documents, and dining and dashing. However, the judge noted Gorrell's criminal records had plenty of decade-long gaps. He was last convicted in 2008 and had worked in construction until he was laid off during the COVID-19 pandemic. Unlike many criminals, he has no alcohol or substance use issues – Gorrel became sober in prison years ago – but did have issues with gambling. As Gorrel will be 60 this year, the judge noted that criminal behaviour normally reduces with age. A father of three and grandfather to nine, he moved to Kelowna sometime in 2020 and became homeless. READ MORE: iN NUMBERS: The most dangerous city streets in Kamloops, Okanagan https://infotel.ca/inwheels/in-numbers-the-most-dangerous-city-streets-in-kamloops-okanagan/it108762 In a joint submission, Crown and defence lawyers said Gorrell should spend seven months in prison. Judge Heinrichs asked if there had been any discussion about Gorrell paying back what he had stolen. "I don't know if it's possible," his defence lawyer told the judge. In BC it's rare for people convicted of crimes to have to pay back the actual amount of the damage they caused. It's regularly said that it would cause the convicted person "undue harm" if they were made to pay it back. However, the judge wasn't swayed noting Gorrell's shoplifting wasn't spontaneous and he often stole large and expensive goods. "(Shoplifting) has a significant impact on our society," Judge Heinrichs said. "The cost of trying to prevent theft from stores is very significant... that cost is added back onto the cost of products... people are actually paying (for)." The Judge said the cumulative effect of shoplifting and the continuous, repetitive criminality was a considerable problem. "So the sense needs to be very clear that this kind of behaviour cannot continue," she said. Ultimately, Judge Heinrichs ordered Gorrell to pay back $6,400, with payments of about $260 a month. READ MORE: Kalamoir Park plan puts big hole in cycling trail from Sicamous to Osoyoos https://infotel.ca/inwheels/kalamoir-park-plan-puts-big-hole-in-cycling-trail-from-sicamous-to-osoyoos/it108746 His lawyer argued he hadn't worked in five years, and when released from prison hoped to be employed as a landscaper. "I don't think the way things are these days, your honour, that's practical," the lawyer said. Jones asked for 10 years to pay the money back, but the judge refused and instead gave Gorrell three-and-half years to settle the debt. "Break it down into monthly amounts that you can manage. Some months might be better or easier than others, but start making those payments... so that you can repair the harm that you've committed," the judge told Gorrell. To contact a reporter for this story, email Ben Bulmer mailto:bbulmer@infonews.ca  or call (250) 309-5230 or email the editor mailto:news@infonews.ca . You can also submit photos, videos or news tips to the newsroom mailto:tips@infonews.ca  and be entered to win a monthly prize draw. We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. 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