Welcome to my Crime and Justice blog! I am a 19 year old criminal justice student at the University of Winnipeg. I advocate for prisoners' rights, human rights, equality and criminal justice/prison system reforms.
Showing posts with label Mischief of Property. Show all posts
Showing posts with label Mischief of Property. Show all posts

Thursday, July 22, 2010

Chronic car thieves leave trail of damage including photos and videos to chronicle their crimes

It is being called one of the most brazen crime sprees ever uncovered, a case so unusual that justice officials have been unable to find any similar scenarios across Canada.
Two chronic Winnipeg car thieves -- a 16-year-old girl and her 18-year-old boyfriend -- spent an entire month wreaking havoc across the Prairies by stealing vehicles, gas and property and leaving a trail of costly damage in their wake.
In the process, they documented nearly every one of their crimes by taking pictures and videos that show them taunting police, drinking and driving, boasting to their friends and celebrating their accomplishments by dancing and making out on the top of stolen vehicles.
"In all my years... there has never been anything like this," veteran Crown attorney Elizabeth Laite told a Winnipeg courtroom Tuesday.
"This resembles a fantasy story. You would think Hollywood would come up with something like this," added her colleague, Stephanie Hermiston. "It is an exceptional case, extraordinary circumstances."
The female accused -- who can't be named under the Youth Criminal Justice Act -- has pleaded guilty to 21 separate crimes stemming from the August to September 2009 rampage.
They include thefts, possession of stolen property, mischief and breaches of court orders. Her adult co-accused is expected to deal with his matters next month. He faces a lengthy prison term.
The Crown plans to show some of the photos and videos in court when the sentencing resumes. They are seeking the maximum youth sentence of two years behind bars for the girl, who has a long history of similar property offences and was on probation at the time. She is a Level 4 auto thief, the highest risk category assigned by police, and has previously been turned in by her frustrated parents who are unable to control her.
"There is no other sentence but the maximum that would be fit and fair here," said Hermiston.
Her lawyer is asking for her to be released immediately with time in custody, which is at 199 days and counting. Provincial court Judge Rocky Pollack has now adjourned the hearing until Aug. 19 for completion of a pre-sentence report probing the girl's personal background, prospects for rehabilitation and suggestions for controlling her in the community.
The two accused -- dubbed "Bonnie and Clyde" by some justice officials -- were originally sentenced last June for a variety of car thefts and property crimes. She got 18 months probation, while the young man got two years of custody less time already served. Both were ordered by the courts to stay away from each other.
In August, the man was released on a day pass from jail to go shopping with his mother at Walmart. While browsing through the aisles, he suddenly took off, stole his mother's car and picked up his girlfriend.
The pair then embarked on 30 days of chaos, which included stops in rural Manitoba, Saskatchewan and Alberta, court was told.
"They were flouting court orders, and thumbing their noses at society," said Hermiston.
Some of the "highlights" included burning a Hummer they stole just outside Winnipeg, nearly mowing down a vehicle owner who tried to interrupt a theft in eastern Saskatchewan and scrawling lyrics to a crude "rap song" over the interior of another car they left behind to be found by police.
"It said 'F the cops, they'll never catch us,'" said Hermiston. The pair would typically steal one vehicle, drive it for a few hours or days, cause extensive damage and then "trade" it for another one.
In one case, a rural Manitoba resident woke up to go to work and found his car missing, with a damaged one sitting exactly in its place.
"They would leave them behind after they'd picked over them like vultures," said Hermiston. The pair, along with some friends, would also go on "raiding parties" in which they would damage dozens of cars at a time just for kicks. Most of these occurred in the Steinbach area.
"The RCMP had to call in reinforcements from all over the province. They couldn't even keep up with the phone calls coming in from people reporting damage," said Laite, who was unable to provide an accurate estimate of financial loss.

I have never seen anything like these crimes before. It is pretty shocking. However, I am not sure that prison for this young woman would be appropriate. She has already spent nearly 200 days in custody. Prisons are known as the schools of crime and often increase one's chances of re-offending when released, especially for youth, as they learn new skills to avoid detection and new crime skills. This could be dangerous for this teen to learn anything new about stealing cars. I believe she should be released with time served, as her lawyer suggested.

Monday, June 7, 2010

Community sentence sought for graffiti vandal


Dustin Fenby says he’s ready to set aside the spray paint and leave his days as a graffiti vandal in the past.

But that’s not enough to convince a judge Fenby shouldn’t go to jail for a three-month “tagging” spree that left nearly 80 business and property owners cleaning up after him. Judge Lynne Stannard reserved sentencing Monday, saying she was not yet convinced she should accept a joint Crown and defence recommendation that would allow him to serve a 20-month conditional sentence in the community. Stannard told special prosecutor Susan Helenchilde and defence lawyer Giselle Champagne she wants to hear further submissions why a conditional sentence would be appropriate.
A final sentencing date will be set later this month.
Fenby, 23, was among six graffiti taggers arrested in a police roundup in late 2008. He has admitted vandalizing 77 properties along Corydon Avenue, Osborne Street and Portage Avenue between August and November of 2008.
“There was enormous property damage,” Helenchilde said.
Police connected Fenby to pictures of graffiti posted on a social networking site. A search of Fenby’s home later uncovered notebooks containing pictures of his graffiti work and his “tag” — COEK — as well as 17 cans of spray paint and other graffiti paraphernalia.
Fenby has 12 prior convictions for mischief to property in 2006. He was still on probation for those offences when he reoffended in August 2008.
Helenchilde said she was prepared to support a conditional sentence on the word of Fenby’s probation officer.
“He seems to have inspired a lot of confidence in his probation officer,” Helenchilde said.
Fenby claimed impending fatherhood has caused him to reevaluate his priorities.
“It was a really stupid part of my life,” he told court. “I just want to move on, have a baby, grow up.”
Earlier this year Stannard granted a conditional sentence to another graffiti tagger, only to see him back on the street vandalizing property less than two weeks later. Stannard ordered Michael Hudey to serve the remainder of his two-year conditional sentence in jail.
Like Fenby, Hudey claimed the responsibilities of new fatherhood “opened (his) eyes” to the error of his ways.

Graffiti case Judge may hike tagger's sentence
A Manitoba judge says jail may be the only option for one of Winnipeg's most prolific graffiti taggers.
Dustin Fenby showed up in court Monday expecting to walk away with a conditional sentence, proposed as a joint recommendation from Crown and defence lawyers. But after hearing submissions, provincial court Judge Lynn Stannard said she thinks the proposed penalty may be too lenient.
Stannard told lawyers she is considering the rare move of ignoring a plea bargain and invited them to make written submissions on why she shouldn't. The case has been adjourned until later this summer.
Fenby, 23, was arrested in 2008 as part of major police crackdown on graffiti. He pleaded guilty last year to 77 counts of mischief, which represents the exact number of property owners he targeted. Most of the damage was done in the Corydon area, court was told.
Fenby would always use his signature tag of "Coek" -- the misspelling was apparently deliberate -- then bragged about what he'd done by posting pictures of his work on social networking sites like Facebook.
"There was a significant amount of property damage done," said Crown attorney Susan Helenchilde. She couldn't provide any specific financial numbers to court, but said some tags cost hundreds of dollars to erase.
Helenchilde and defence lawyer Giselle Champagne were seeking a 20-month conditional sentence for Fenby, which allow him to remain free in the community. Stannard expressed concern about his previous criminal record, which includes numerous breaches of court orders and 12 prior convictions for similar graffiti in 2006.
A pre-sentence report paints Fenby as a high risk to reoffend and says he has unresolved drug, alcohol and gambling issues, which have led to repeated violations of probation and bail.
"Ever since I can remember I've been screwing up and making life hard for myself," he told his probation officer. However, Fenby now claims he wants to "turn his life around," especially with his girlfriend due to give birth to their first child in August.
"It was a really stupid part of my life," Fenby told court Monday of his criminal past. "I want to move on, grow up."
Fenby likely didn't do himself any favours with the judge when he showed up nearly an hour late for his sentencing hearing, which nearly prompted Stannard to issue a warrant for his arrest. He pulled a similar stunt last winter.

I completely agree with the proposition of a conditional sentence. Jail should always be a last resort. The courts need to rely less on jail as a sentence and more on community alternatives. I believe that drug and property offenders and non violent offenders, should not be imprisoned. They will only likely become further entrenched in the criminal lifestyle and negatively impacted, especially since this man is a new father. The impact of prison would also affect his child. 

I would sentence this man to a conditional sentence with conditions of community service work, and restitution to the properties he damaged along with a curfew. I think this would be a more meaningful sentence, as opposed to prison. Since he has drug and alcohol issues, I would also have this man participate in substance abuse programs to help him with his addictions. Prison would do nothing to address the root causes of this man's criminal behaviour and would negatively impact him and his family.

Non violent property offenders should not be imprisoned. Prison should always be a last resort, not over-relied upon. This man should receive a conditional sentence. Prison would negatively impact this man and his family and has no purpose, besides revenge/retribution, which is completely unjustified. Prison would not address the root causes of this man's criminal behaviour, such as his addictions issues. 

Prisons do not accomplish deterrence. Most criminals are impulsive and not rational, cost-benefit weighing actors. This would not teach anybody a lesson. Prison does not deter, prevent or reduce crime. If you want our society to get "tough" on crime, you are essentially advocating for less safe communities, because prisons do not address the root causes of crime and actually increase the chances of re-offending.  

Wednesday, May 12, 2010

Man breaches conditional sentence with more graffiti vandalism


Michael Hudey didn’t last two weeks on house arrest before he was back out on the street painting the town red, black, green and blue.
Now the 24-year-old graffiti vandal will have to serve the remainder of his two-year conditional sentence in a jail where the only thing he can paint is a colouring book.
Hudey “thumbed his nose at the court and the community,” Judge Lynne Stannard said Tuesday.
“The ink had barely dried on the conditional sentence order when he was involved in these breaches,” she said.
Hudey pleaded guilty last year to 50 counts of mischief to property in connection with a “tagging” spree along Tache Avenue and Provencher Boulevard but was spared jail after convincing court he was a changed man.
Hudey claimed his arrest and the responsibilities of new fatherhood “opened (his) eyes” to the error of his ways.
“What I’ve done to society is pretty much unacceptable,” he said at a sentencing hearing last year. “In a way it seemed like a faceless victim kind of thing ... I didn’t have anything to lose before but I do now.”
Hudey’s contrition was short-lived. On March 14, just 13 days after being granted a conditional sentence, Hudey was at it again, tagging a dozen businesses in the 3200-block of Portage Avenue. Hudey’s tag of choice was “ARM” which he later told police stood for “ass---- rocking markers” or “another reckless mind.”
Police arrested Hudey March 30 after he was found causing a disturbance outside a Fort Rouge home, drunk and in possession of graffiti paraphernalia.
“It is astonishing he would engage in this behaviour,” community prosecutor Susan Helenchilde said Tuesday. “It was certainly the Crown’s great hope he would be able to abide by this conditional sentence order ... He seemed to have turned a corner.”
Hudey blamed his problems on alcohol and asked Stannard to sentence him to two years in prison where he could access counselling programs. Stannard said she could not sentence Hudey to a longer term of imprisonment than had previously been ordered.
Stannard — the same judge who granted Hudey a conditional sentence — didn’t hide her anger as she left the courtroom. Neither did Hudey.
“This is bull----,” he muttered before returning to jail.

I completely disagree with prison in this case! I believe that prison should be reformed with improved conditions and then, only the most dangerous, violent offenders who actually pose a threat to society, should be held there for more intensive rehabilitation. 

This offender, does not fit those characteristics. Minor offenders should not be held in prisons as prisons for them, are like the schools of crime. It is a negative environment which does not foster rehabilitation, increases recidivism in minor offenders, and minor offenders often become involved in drugs and gangs as a result of the negativity and pro criminal attitudes and behaviours inside prison. They are often released more dangerous and no more rehabilitated than when they came in. How will prison reform this man and rehabilitate this man? What purpose will prison serve for him?

I think this offender should be given another chance at freedom with the conditional sentence imposed again. The substance abuse programs in prison are largely ineffective as they lack funding and do not have enough resources for all inmates because of the overcrowded conditions. I believe that this man should have been offered substance abuse treatment in the community which is proven to be more effective, along with a fine for the vandalism he caused, community service work and employment assistance along with the requirement that he is employed during the days and also a curfew. I think that this type of sentence with those conditions would be much more meaningful and appropriate than prison.    

Thursday, March 18, 2010

"Sex offender denied bid for quick release"


A violent Manitoba sex offender deemed a high-risk to reoffend lost his bid to be immediately released back into the community.

Clayton Dixon has been in custody since his December 2006 arrest. He argued he shouldn't face any further sanctions for his latest crimes on two women.

But Queen's Bench Justice Morris Kaufman disagreed Wednesday, ordering him to spend another 11 months behind bars. He was given double-time credit for his pre-trial custody, meaning his sentence on paper is seven and-a-half-years.

Dixon, 40, was convicted at trial last year of numerous charges including two counts of sexual assault, assault causing bodily harm, uttering threats, forcible confinement and mischief. He has a lengthy criminal history spanning more than two decades.

The Crown was seeking a 10-year sentence -- the maximum allowed by law -- but Kaufman said Dixon didn't meet the criteria for such a designation.

Dixon repeatedly beat a middle-aged woman inside a home in Norway House, 450 kilometres north of Winnipeg. She tried to flee into a bedroom for safety, but Dixon kicked down the door and began sexually assaulting her. The woman managed to flee to a neighbouring home and call for help.
"This was a very horrific and violent sexual assault," Crown attorney Richard Smith told court Wednesday.

Dixon wasn't finished with his rampage. He began attacking a 15-year-old girl who was also in the home, assaulting her and attempting to kiss her. RCMP burst into the home and interrupted what they believe was going to be another serious sexual assault.
"The police came in to save the day," said Smith. Both victims were treated for various injuries.

Defence lawyer Gord Bates said his client was raised by his grandparents in a dysfunctional environment on the northern Manitoba reserve. Dixon's grandmother was abusive "and basically taught him he was useless," he said. Dixon has long struggled with drug and alcohol addiction, which has impacted his judgment.

Dixon has had a difficult time in jail since his arrest because he is labelled a "skinner" by other inmates for trying to sexually assault the teen victim.
Bates said his client plans to resume living with his common-law wife and their three children once he is released from jail. He will be on supervised probation for two years with conditions including having no unsupervised contact with children under the age of 18. His name will also be placed on the federal sex offender registry.

The acts that this man committed were horrible and degrading but I understand the situational factors that may have influenced these crimes such as dysfunctional family life, and addictions. I feel that he should have been sentenced to 5 years instead of 7.5 years. 

Wednesday, March 3, 2010

Graffiti artist plead guilty to mischief of property and must help victims of his vandalism


- Michael Hudey won’t have much time now for graffiti and spray paint.
- A judge has sentenced the convicted “tagger” to 20 months house arrest and ordered he perform 440 hours community service work — ideally for people whose property he vandalized.
- “That’s better than coughing up some money,” said Judge Lynne Stannard. “You have to meet the people you hurt.”
- Nearly half of the community service work is to be completed during three years of supervised probation.
- Hudey, 24, pleaded guilty last summer to approximately 50 counts of mischief to property.
- Hudey was one of six busy graffiti taggers arrested in a police round-up in late 2008. Hudey and two cohorts were arrested in November after going on a tagging spree along Tache Avenue and Provencher Boulevard.
- Police caught the trio with cans of spray paint and other “graffiti paraphernalia,” their hands still wet with paint. Hudey’s cellphone was found to contain several pictures of his work that night.
- “The city of Winnipeg is not a canvas to be painted upon,” Stannard said Tuesday. “These are people’s properties and they work hard to maintain them.”
- Community prosecutor Susan Helenchilde said Hudey has kept his hands clean since his arrest and is working full-time as a cook.
- According to a pre-sentence report, Hudey told a probation officer he “defined himself as a graffiti artist, stating that mechanics work on cars, hence artists paint.”
- “I hope that is not Mr. Hudey trying to justify painting on property that belongs to other people,” Helenchilde said. “I take it that he gets it now.”
Hudey said he did.
- “I always liked graffiti. I grew up with it,” he said. “I never saw the victims behind it. It was just paint on buildings.”
- Stannard adjourned sentencing last summer to consider further submissions on a restitution plan. Court heard Tuesday only one of Hudey’s victims has submitted a receipt for repairs to vandalized property.
-“I can’t order an amount of restitution that I probably think is appropriate,” Stannard said. -“It’s concerning to me that we weren’t able to receive that sort of information.”

I think that this is an appropriate sentence for this man, but I also feel that he should be shown alternate ways in which he can express his artistic side, besides graffiti.