Supervised probation for man who installed cameras in washroom

No jail for installing cams in washroom

A service station employee caught installing digital cameras in a customer washroom was spared jail Thursday, but not a criminal record.

Kevin Dion pleaded guilty to one count of voyeurism and was sentenced to two years supervised probation. Judge Lynne Stannard rejected a defence request Dion receive a conditional discharge.

“This was a serious breach of privacy for anyone who went into that washroom that day. It’s a serious attack on the dignity of people,” Stannard said.

“I do have to send a message to the community that this kind of attack on people’s privacy cannot be treated leniently by the court.”

Crown attorney Wendy Friesen told court the owner of the Henderson Highway Esso station was using the unisex washroom on March 4, 2009, when she spotted two small digital cameras hidden in the ceiling tiles.

“While she was waiting for police to attend, the accused went up to her and admitted he had put the cameras in the bathroom,” Friesen said. “He advised his employer he had a problem with pornography.”

Police downloaded pictures from the cameras, which did not include any images of people using the washroom.

It was unclear in court how long Dion had been hiding the cameras in the washroom or if police found illegal images on a home computer or elsewhere.

Court heard Dion is undergoing “intensive” counselling.

Dion is ashamed and embarrassed by his actions, said his lawyer David Thau-Eleff.

“Denunciation and deterrence has been addressed by virtue of his contact with the justice system,” Thau-Eleff said. “This hasn’t been pleasant for him.”

I agree with supervised probation for this man. He should be required to attend intensive counseling and treatment for his pornography issue. I would also like to know any mitigating factors in this case. 

Man who gives sex note to boy, gets probation

Sex note to boy earns probation

A Winnipeg man arrested after he unwittingly offered a 16-year-old boy money for sex says he will look for his next date in a bar.

“If I want to meet anybody it will be in a bar because I will know they are 18 years old,” the 47-year-old man told court Wednesday.

The man pleaded guilty to one count of procuring a prostitute and was sentenced to one year supervised probation.

Court heard the man had recently broken up with his boyfriend when he walked up to a teen waiting at a bus stop and said “I don’t usually do this ... but give me a call sometime” before passing him a note and walking away.

“I’d like to have sex with you,” read the note, which included the man’s real name and phone number. In a postscript the man added: “I’m even willing to pay to have sex with you. It’s the only way I know to get (your) attention.”

The youth gave the note to his father, who notified police.

Court heard the youth is tall and muscular and looks older than his age. Crown attorney Terry McComb said there was no evidence to suggest the man believed the youth was under 18.

“This is not a small, petite youthful person,” McComb said.

The youth “didn’t take it very seriously — he just thought it was very weird and funny,” McComb said. “But his father was obviously concerned, and we were as well.”

Defence lawyer Mike Law said the man was re-entering the dating scene after breaking up with his boyfriend and was encountering repeated rejection.

“He was lonely and despondent and thought if he offered payment he would be less likely to be rejected,” Law said.

The man told court he was attracted to the youth because he looked “exactly” like his ex-boyfriend.

“It was a big mistake and it won’t happen again,” he said. “I learned my lesson: Don’t write notes. Period.”

The man said he has had “nothing but heartache” from the gay community since coming out 30 years ago.

“I’ve been a nice person to everybody but I’ve been battered, I’ve been used,” he said. “All I want to do is fit into society.”

I feel sympathy towards this man, as it must be challenging to be homosexual and have society look at you as deviant and abnormal. He wants to fit into society. That last quote really struck me. It's so sad that society doesn't accept people who choose to be different than the mainstream. We should be accepting of all people, regardless of their sexuality, gender, race, etc. I completely understand why this man did this act. He was lonely and wanted a new boyfriend and was attracted to the young male. He probably didn't even know that the boy was a minor. This man just wanted to be accepted, not rejected. I feel this man should have received a conditional discharge which would leave him with no criminal record, but I would also like to know any other mitigating factors and if he has a previous record. Probation is the next best sanction. 

NDP agrees to order probation officers to report breaches to police

NDP agrees to order probation officers to report breaches to police

THE NDP is now onside with a Tory call for zero tolerance on probationary breaches for high-risk offenders.

Weeks after brushing it aside, the NDP quietly agreed with the Tories that such a plan was a good way to hold repeat criminals more accountable. The Tory motion got unanimous support late Thursday in the Manitoba legislature, including from Justice Minister Andrew Swan.

Progressive Conservative Leader Hugh McFadyen said Friday the NDP flip-flop is in the best interest of public safety.

"We have always been consistent on this," he said. "When there are breaches by high-risk offenders, they should be reported to police for follow-up."

The furor over probation breaches erupted more than a month ago when the Free Press reported a 14-year-old high-risk offender thumbed his nose at the law 24 times without any consequences in the days leading up to March 29, 2008, the night he piloted a stolen SUV that killed city cab driver Tony Lanzellotti.

The boy, now 16, was handed a maximum sentence of two years' closed custody under the Youth Criminal Justice Act on Friday.

He was also given a 10-year driving prohibition.

Fadyen said the passing of the resolution means the province will have to instruct its probation officers to report breaches by high-risk offenders, like repeat car thieves, to police. It will be up to police to decide what to do. The motion also requires the Department of Justice to report all breaches on a quarterly basis to the legislature.

Swan was unavailable for comment Friday.

I agree to an extent. I would specify the nature of the breaches which must be reported. For example, if a teen is 10 minutes late for their curfew or an appointment with a probation officer, that is a breach, but a very minor one and they may have a good reason. These types of minor breaches should NOT have to be reported. Their should be discretion in this area. Major breaches, such as skipping school when required to attend, or skipping work, for non-legitimate reasons, should be reported, for example. 

Teen sentenced for killing cab driver in crash

No adult sentence for teen who killed cab driver

WINNIPEG - A high-risk car thief who was just 14 years old when he killed a Winnipeg cab driver with a speeding, stolen SUV will not be given an adult sentence.

Queen’s Bench Justice Lea Duval ruled late Friday morning the boy, who is now 16, will remain under the authority of the Youth Criminal Justice Act. She gave him the maximum sentence of two years closed custody, followed by one year of community supervision. Duval also exercised her discretion under the YCJA and gave the teen no credit for more than two years of time already served.

He was also given a 10-year driving prohibition. The youth pleaded guilty earlier this year to criminal negligence causing death and bodily harm for his role in the March 2008 crash that killed Antonio Lanzellotti.

The Crown was seeking an adult sentence against the teen, who comes from a prominent family of criminals with strong ties to the Mad Cowz street gangs. Several of those members were in court Friday morning.

Prosecutor Brent Davidson had requested another 23 months of jail, in addition to just over two years of time already spent in custody they concede should be given double-time credit. On paper, it would be noted as a six-year sentence.

Duval essentially imposed the exact sentence the Crown was seeking, but just under the guise of a youth disposition.

The teen – who could have been named if an adult sentence was imposed — was seeking just eight more months behind bars.

At his sentencing hearing earlier this spring, probation officials revealed how the teen breached an existing probation order 24 times in the weeks preceding the deadly crash. However, they used their own discretion and decided not to report any of the breaches to police.

Cheryl Dyck, who served as the boy’s probation officer, told court how the teen was originally sentenced on Feb. 8, 2008 on charges including car theft, drug offences and numerous breaches of court orders. The boy was given probation and placed on the most stringent youth criminal supervision program in Manitoba. His conditions included abstaining from alcohol and a nightly 10 p.m. curfew.

Dyck admits her department caught the teen violating his curfew on several occasions but never reported the incidents to police, who could have arrested him and detained him in custody on new charges. Instead, they upgraded his status to "high-risk" but allowed him to remain free in the community. Dyck said it’s not uncommon to ignore initial violations of young offenders.

"Once a pattern of non-compliance is established then we breach the client," she testified. The revelation prompted an outcry in the provincial legislature and a review of current policies and procedures.

On the night of March 29, 2008, the boy had been drinking and consuming drugs with a large group of youths loitering around a downtown apartment building armed with two stolen vehicles. The group scattered when they saw police headed their way. The boy was driving a Chevy Avalanche containing six other young offenders. He began racing a stolen Silverado that had the other seven youths, court was told. The boy reached speeds of 139 km/h — the legal limit is 60 km/h — and blew through two red lights on Portage Avenue before slamming into the taxi being driven by Lanzellotti at the corner of Portage and Maryland Street.

Lanzellotti, 55, died instantly. He suffered a massive skull fracture, broken ribs and legs and trauma to his brain and chest. A passenger in the cab was seriously injured.

The boy was ejected from the SUV and seriously injured. He initially denied any responsibility, telling police he was innocently walking down the street when he was struck by flying debris. He later admitted to being in the car but claimed another youth was driving. Police got him to admit the truth when DNA off the driver’s side airbag was a perfect match to him. The Crown agreed to drop a manslaughter charge in exchange for his guilty plea.

Dyck told court the boy has made great progress during his two years in youth custody but remains a medium risk to reoffend. She said his biggest obstacle is his own criminally entrenched family, although several relatives have since been deported to Africa.

"He has the ability, we believe, to learn from what happened and benefit from what we’re teaching him," said Dyck. "I think he’s way better equipped now to deal with the issue he’s going to face when he gets out."

The Crown supported having the boy serve the rest of an adult sentence in a youth facility because of the various treatment and programming options available to him. But Davidson said the limits of a youth sentence don’t express strong enough condemnation for the crime he committed.

City police Det.-Sgt. Kevin Kavitch also testified at the hearing about the high rate of car theft in Winnipeg at the time of Lanzellotti’s death. He provided statistics showing the vast majority of offenders are youths who deliberately try to engage police in high-speed chase, putting all on the road in danger. Kavitch said between Jan. 1, 2006 and the day Lanzellotti died, police in the stolen auto unit arrested 519 people, of whom 417 were young offenders.
Several other family members were in court Friday, including an older half brother who made gang signs and shouted obscenities upon leaving court.

Cabbie`s killer to ber jailed two more years

This headline is inflammatory and biased. It is just asking for a public outrage because the teen did not receive an adult sentence. It also implies the author`s opinion that this teen should have received an adult sentence.  It is also biased by not elaborating on the nature of the breaches this boy had while on probation. To my knowledge, they were relatively minor, and he should not have been charged for them. They definitely did not include him committing any new crimes. It should have been mandatory for him to participate in substance abuse treatment as opposed to simply ordering him to abstain from alcohol.

I completely agree with the Judge imposing a youth sentence. Youths should always be subject to the YCJA and should always be sentenced as youths. Rehabilitation and reintegration are the most important goals of youth sentences and it must remain that way. I disagree though, with the length of the sentence. This teen has already spent 2 years in custody and should have been given only 8 more months, as his lawyer suggested. The longer he spends in jail, the more likely he will become a more hardened criminal, and more involved in the criminal lifestyle. Longer sentences increase recidivism and decrease the likelihood of successful reintegration. I completely understand why this teen has been involved in crime. He comes from a family of prominent criminals. Those are not exactly positive role models who are going to teach this teen morals and values. The fact that he has gang ties, shows that he is either lacking attention or interaction from family members or is neglected or abused and therefore, feels a need for belonging and a sense of family, which he found in the gang. If you are surrounded by family members involved in crime, gangs, impoverished neighbourhoods filled with crime and negative influences and little opportunities, it makes complete sense that this teen became involved in crime. He was set up to fail.

This teen should have received 8 months custody and 2 years probation. He should have been required to take life skills programming, participate in a youth mentorship program, gang desistance, communication skills, problem solving skills, counseling and family counseling.     

Teen sentenced for killing cabbie in crash

A 17-year-old boy will spend the next two years behind bars and third one under house arrest after being convicted Friday in connection with the death of Winnipeg taxicab driver Antonio Lanzellotti.

The youth, now 17, was 14 when he was behind the wheel of a stolen Chevy Avalanche SUV that raced through a red light at Portage Avenue and Maryland Street and slammed into Lanzellotti's taxi on March 29, 2008.

Lanzellotti, 55, died instantly.

The teen, who can't be named under provisions of the Youth Criminal Justice Act, was initially charged with manslaughter.

He pleaded guilty in December 2009 to a lesser charge of criminal negligence causing death and bodily harm.

In return, the Crown stayed charges of manslaughter and possession of property obtained by crime.

Crown sought adult sentence

Crown prosecutor Brent Davidson lost his bid to seek an adult sentence for the teen, which would have meant a maximum sentence of life in prison.

Queen's Bench Justice Lea Duvall ordered the sentence to be closed custody, meaning the teen must serve the entire two years locked up.

'I'm sorry for, like, what happened. I wasn't thinking back then - wasn't thinking of my future.'—Teen sentenced in connection with taxi driver death

The teen, whose brother is a high-ranking member of the violent Mad Cowz street gang, was also not given any credit for the two years he has already served behind bars.

He has been in custody since he was arrested days after the deadly crash.

Given the opportunity to speak prior to the sentence being handed down, the teen told court, "I'm sorry for, like, what happened. I wasn't thinking back then — wasn't thinking of my future.

"I just hope the best for what happens today and move on from there."

The teen's father also spoke, apologizing to the court and Lanzelotti's family.

"I just want to say sorry to the other family for causing pain to them. I'm praying every day for them," he said.

Some people in court supporting the teen left the courthouse flashing gang signs as they walked away.

"I think he got a good deal," one of the teen's supporters said.

The teen's lawyer, Evan Roitenberg, told reporters he is satisfied with the result.

"I'm happy that [Duvall] came to the conclusion that a youth sentence was warranted," he said.

Two years custody for fatal cab crash
A 16-year-old boy behind the wheel of a stolen sport utility vehicle that killed city cab driver Antonio Lanzellotti has been sentenced to two years custody and one year community supervision.
The boy previously pleaded guilty to criminal negligence causing death. The sentence is the maximum allowed under the Youth Criminal Justice Act.
Justice Lea Duval rejected a Crown application for the youth be sentenced as an adult.
An adult sentence could have meant the youth would spend six years in prison.
The boy was 14 at the time of the March 2008 crash.
The sentence is in addition to the two years the youth has already spent in custody.
The boy and six other youths were in a stolen Chevrolet Avalanche, racing a stolen Chevrolet Silverado pickup when the Avalanche blew through two red lights and hit Lanzellotti's cab.
The boy was one of 13 youths and one adult arrested in connection with the March 2008 crash.
According to an agreed statement of facts, the Avalanche was travelling 139 kilometres per hour at the time of impact.

Adult sentence denied
A teenage boy behind the wheel of a stolen sport utility vehicle that killed city cab driver Antonio Lanzellotti has been sentenced to two years custody and one year community supervision.
The boy, who was 14 at the time of the crash, previously pleaded guilty to criminal negligence causing death and criminal negligence causing bodily harm. His sentence is the maximum allowed under the Youth Criminal Justice Act and is on top of two years he has already spent in custody.
Justice Lea Duval rejected a Crown request the youth be sentenced as an adult.
The boy was one of 13 youths and one adult arrested in connection with the March 2008 crash. The boy and six other youths were in a stolen Chevrolet Avalanche, racing a stolen Chevrolet Silverado pickup, when the SUV blew through two red lights and hit Lanzellotti’s cab at the intersection of Maryland Street and Portage Avenue. Lanzellotti died instantly.
The youth suffered a dislocated hip in the crash. When police found him walking down Portage Avenue he claimed he had been injured by flying debris from the crash. Later, while in custody, he admitted being a passenger in the Avalanche and identified a different suspect as the driver.
DNA evidence
The youth didn’t admit he was the driver until police confronted him with evidence his DNA was found on the steering wheel airbag.
The youth offered a short apology in court.
“I wasn’t thinking back then,” he said. “I was young, I was still 14 years old.”
Several of the youth’s family members were present in court for sentencing, including known gang members. Outside court one of the gang members said: “Four years, not a bad deal for a life.”
A sentencing hearing in April generated a firestorm of controversy after the youth’s probation officer testified he repeatedly violated a court-ordered curfew and skipped school before the fatal crash. The breaches were never reported to police.
“If he simply would have been able to comply with his probation order he would not have been involved in this incident ... (and) Antonio Lanzellotti would still be alive,” Crown attorney Brent Davidson told court.
The youth is the last of the 14 accused to be sentenced in the crash.

Guimond gets conditional sentence for failing to provide the necessities of life

Guimond gets house arrest in nephew`s death

Shirley Guimond will not serve any more jail time for the death of her two-year-old great nephew Gage.

Guimond, 55, will serve an 18-month conditional sentence in the community, Judge Lee Ann Martin ruled this morning.

The sentence includes an absolute curfew for the first year and a 10 p.m. curfew for the remaining six months. Guimond's sentence is to be followed by three years supervised probation.

Gage Guimond died in July 2007 after falling from a high chair and down a flight of stairs. Shirley Guimond was originally charged with manslaughter but pleaded guilty last November to failing to provide the necessities of life.

Gage and his three-year-old sister had been in the custody of Sagkeeng Child and Family Services before they were placed in Guimond's care in June 2007. In the weeks prior to Gage's death, Guimond -- who was also caring for her 13-year-old grandson -- repeatedly assaulted the two young children.

Guimond pleaded guilty in November to assault causing bodily harm and was sentenced to 68 days time served plus three years supervised probation.

At a sentencing hearing last April, Guimond's lawyer Saul Simmonds argued Sagkeeng CFS foisted the children on Guimond against her wishes.

"She was not out there asking to be a foster parent," Simmonds said. "CFS came to her. Her position was she was clearly not prepared for that task."

Simmonds alleged CFS removed the children from the home of loving foster parents and placed them in Guimond's care for "political" reasons.

"This is not an isolated incident from their perspective," he said.

On the day Gage was fatally injured, Guimond had been out shopping with the three children and needed to use the washroom when they got back home. She placed the boy in a backless high chair adjacent to the basement stairs and ran to the washroom. When Guimond returned, Gage had fallen down the stairs, critically injuring himself.

Guimond called 911 and Gage was rushed to hospital where he died several days later.

Aunt sentenced in death of toddler

A judge has sentenced a Winnipeg woman to 18 months of house arrest for her role in the death of her two-year-old great nephew.
Shirley Guimond was convicted of failing to provide the necessities of life to Gage Guimond, who died in July 2007 after falling down a flight of stairs.
The toddler had been in the care of Child and Family Services for more than a year after his birth mother voluntarily gave him up.
He initially lived with his grandmother and then with a foster family before being placed in the home of Guimond, a distant relative, six weeks before his death.
Guimond pleaded guilty in November 2009 to failing to provide the necessities of life.
'God will eventually decide Shirley's fate. We obviously can't rely on Manitoba's legal system.'—Natasha Guimond, Gage Guimond's mother
Gage's mother is outraged that Guimond will not spend any time behind bars.
"It's just saying that it's OK to kill an innocent child because they can't be here to defend themselves," Natasha Guimond said as she cried outside court.
"God will eventually decide Shirley's fate. We obviously can't rely on Manitoba's legal system."

Boy routinely beaten
Sentencing submissions were heard in April. During that time, court was told Guimond frequently slapped, punched and kicked Gage.
Court also heard that in July 2007, Guimond put the boy on a chair near the top of some stairs after coming home from a shopping trip and running to the bathroom. The toddler fell down the stairs, hit his head, went into a coma and later died in hospital.
His death sparked anger in the community after an internal review found that child welfare workers did not properly assess Guimond's home.
Gage and another child were placed with his great-aunt in the summer of 2007, despite the fact that she had a criminal record and did not ask to take care of the children.
Guimond was previously convicted of assault causing bodily harm for hitting the child and was sentenced last fall to time served after spending 68 days in custody. Tuesday's sentence was on one count of failing to provide the necessities of life and focused only on the fall that killed Gage.

Pressured into taking foster kids
At the April sentencing hearing, Guimond's lawyer Saul Simmonds told court the Manitoba child-welfare system should be "in the box" along with his client, referring to the prisoner's box where the accused sits in court.
He suggested she was pressured into accepting the kids and that the system strives to keep aboriginal foster children with relatives or in aboriginal homes — even if those homes are not safe.

Shirley Guimond had suffered physical and sexual abuse since she was eight years old, Simmonds said, and was in no position to take up foster care. She had "borderline intellectual capacity," according to a medical expert.
Simmonds asked for 18 months of house arrest for Guimond.
The Crown was seeking a two-year jail sentence, but provincial court Judge Lee Ann Martin on Tuesday called Guimond's actions "bad judgment in a moment of haste."
Guimond did call 911, the judge noted, and tried to resuscitate the toddler.
"She has also accepted responsibility for his death and expressed her remorse," Martin said.
Guimond will also have three years of supervised probation and is prohibited from owning a weapon for five years.

Case helped change to foster care
Gage's death was one of several cases that raised questions about the Manitoba government's move to hand over care of aboriginal foster children to native-run regional authorities.
Critics said too much emphasis was placed on cultural concerns at the expense of safety.
The controversy prompted the NDP government in 2008 to change its legislation to specify that a child's safety is given higher priority than cultural or family ties.
Gage's death followed the high-profile case of Phoenix Sinclair, a five-year-old girl who spent most of her life in foster care and was killed after child welfare workers returned her to her mother.
Samantha Kematch and her boyfriend were convicted of murdering the girl in the basement of their home on the Fisher River reserve north of Winnipeg following months of abuse and neglect.

Guimond`s aunt given conditional sentence
Shirley Guimond, the woman charged in connection with the death of her two-year-old great-nephew, was handed an 18-month conditional sentence today for failing to provide the necessities of life. She will also serve three years of probation.
Gage Guimond died in July, 2007 after being placed in Guimond's care. His death allegedly came after he was placed in a high chair at the top of a flight of stairs and he tumbled down.
Gage and his sister had been removed from a loving foster home, placed with a grandmother who didn't want them, and finally given to Shirley Guimond. She had never previously met the children. In the course of their stay, she made at least two desperate calls to CFS, asking for help.
Premier Greg Selinger says he is disappointed with the 18-month conditional sentence handed today to Shirley Guimond in the death of her great-nephew, Gage.
Selinger expressed the sentiment in the legislature in response to a question by Conservative Leader Hugh McFadyen, who asked the premier if he agreed that a little boy’s life was more valuable than what was reflected in the judge’s sentence.
"This decision that was made by the courts is one that we’re obviously disappointed in," Selinger said. "Gage Guimond lost his life tragically. We really believe that the recommendation of the Crown to have jail time would have been appropriate in this case, and of course the Crown will be taking this decision under review and deciding what next steps they wish to take."
Last November, Shirley Guimond pleaded guilty to assault cause bodily harm for injuries both Gage and his sister suffered. She also pleaded guilty to failing to provide the necessities of life to Gage when he fell down the stairs in July 2007.
A judge said Guimond would do no further time in jail for the assault charge, after giving her double credit for 68 days she'd already spent behind bars.
Her sentence today was for two counts of failing to provide the necessities of life.
Gage's death was one of several that prompted demands for change in Manitoba's troubled child welfare system. The province devolved authority to aboriginal agencies in 2003, with a focus on keeping aboriginal kids, who make up the vast majority of those in care, with either relatives or in homes with an aboriginal culture.
After Gage's death, Family Services Miniwster Gord McIntosh said the safety of children should be paramount.

It was poor judgment -- no more jail time for woman in toddler`s death
Shirley Guimond will not serve any more jail time for the death of her two-year-old great nephew Gage.
Guimond, 55, will serve an 18-month conditional sentence in the community, Judge Lee Ann Martin ruled Tuesday.
The sentence includes an absolute curfew for the first year and a 10 p.m. to 6 a.m. curfew for the remaining six months. Guimond’s sentence is to be followed by three years of supervised probation.
The Crown and defence jointly recommended Guimond be sentenced to two years less a day. Guimond’s sentence is in addition to three months she has served at double credit.
Gage Guimond died in July 2007 after falling from a high chair and down a flight of stairs. Shirley Guimond was originally charged with manslaughter but pleaded guilty last November to failing to provide the necessaries of life.
“It is apparent ... there are many individuals who are saddened and dismayed by Gage’s death and the circumstances leading up to it,” Martin wrote in a 14-page decision. “There are no words ... that can change what happened and bring Gage back.
“This court can only comment on the profound senselessness of it all. To lose a young boy who was described as such a likeable and loving child is truly devastating.”
Gage and his three-year-old sister were in the custody of Sagkeeng Child and Family Services before they were placed in Guimond’s care in June 2007. In the weeks prior to Gage’s death, Guimond, who was also caring for her 13-year-old grandson, repeatedly assaulted the two young children.
She pleaded guilty in November to assault causing bodily harm and was sentenced to 68 days time served plus three years supervised probation.
At a sentencing hearing last April, Guimond’s lawyer Saul Simmonds argued Sagkeeng CFS foisted the children on Guimond against her wishes.
“She was not out there asking to be a foster parent,” Simmonds said. “CFS came to her. Her position was she was clearly not prepared for that task.”
Guimond “reluctantly” agreed to care for the children but was asking CFS to take them back after two weeks, Simmonds said.
On the day Gage was fatally injured, Guimond was shopping with the three children and needed to use the washroom when they got back home. She put the boy in a backless high chair adjacent to the basement stairs and ran to the washroom. When Guimond returned, Gage had fallen down the stairs, critically injuring himself.
Guimond called 911 and Gage was rushed to hospital where he died several days later.
“These facts ... are quite frankly facts indicative of poor judgment in a moment of haste,” Martin said.
Martin said Guimond’s assaults on Gage were not a factor in his death.
“Though there had been instances of ‘over-correction’ in the month preceding this incident, the ‘over-correction’ did not lead to Gage’s death and in fact is not related to it,” he said.
When asked in question period Tuesday whether the Crown might appeal the sentence, Premier Greg Selinger said his government did not agree with the judge’s decision.
“This decision that was made by the courts is one we were obviously disappointed in,” Selinger said, adding the Crown is now reviewing the decision in order to decide whether to appeal.

I completely agree with a conditional sentence and probation. This woman should also receive abuse counseling and participate in emotion management programs. The death was unintentional and she called 911 and tried to revive the child, which demonstrates her caring nature. This woman is not dangerous or violent and therefore, jail would not be warranted. It would not have helped her in any way and she would have likely been negatively influenced by prison. This was a mistake which could happen to anybody. This woman had suffered from physical and sexual abuse as a child and that can often to chemical imbalances in the brain. Many people who abuse others, have been abused themselves as children. People who have been abused themselves, should not be in prison. That will likely only worsen their condition and mental state. Guimond`s biological mother was upset about what happened, but she could have very well taken care of her own child. We need to fix the CFS system and do more background checks on potential foster parents to be sure the home environment is safe. I agree though, that aboriginal children should have aboriginal foster parents, to maintain their culture and traditions but the parents need to be deemed "fit" to care for foster children. If the mother was not able to look after her own child, she should not be complaining when something bad happens. The CFS agency, the worker and the mother are to blame. This mother should have accepted responsibility for her own child. CFS should have never placed the child in Shirley`s care, because she clearly did not want to care for more children, yet they forced it upon her.    

Sentencing date set for Guimond

Robber's 18 month sentence upheld because he's been successful in rehabilitation efforts

Legal loophole: robber's lenient sentence upheld

A Winnipeg man who went on a violent robbery spree will not have to return to jail, even though Manitoba's highest court ruled this week he should technically be behind bars after receiving an unfit sentence.

The strange case of Milos Maroti -- in which the Crown both won and lost its appeal at the same time -- exposes an interesting legal loophole.

Maroti, 24, pleaded guilty last year to seven knifepoint holdups and was given a sentence of 18 months time in custody plus three years of supervised probation. He targeted vulnerable victims who were working alone at city gas stations, and even threatened to stab one of the clerks he robbed. Maroti stole nearly $5,000 worth of cash and cigarettes, and less than half of that was recovered by police. He focused on Domo gas stations because he used to work there "and knew they would offer no resistance," court was told. The crimes all occurred during a 10-day period in January 2008.

The Crown argued the sentence was too lenient, and the Court of Appeal issued a decision this week agreeing with that position. Justice Freda Steel said Maroti should have been given four years in prison to properly reflect the seriousness of his crimes, including the "fear and anguish" suffered by the victims.

However, Steel said they had also decided not to overturn the original sentence handed down by provincial court Judge Brian Corrin because of special circumstances. They noted Maroti has been free on bail pending appeal since his June 2009 sentencing and has not reoffended or breached his conditions. He has started taking treatment for a crack cocaine addiction that fuelled his crimes and has been attending all court-ordered programming. He has found a job, is upgrading his education and has strong family support in the community. He is deemed a strong candidate for rehabilitation.

"I do not think the accused or the community would be well served by removing the accused from the community at this point and reincarcerating him," Steel wrote in her decision. She said there is precedence that allows the court "to take into account changes in the condition of the accused that have occurred between the original sentencing and the appeal hearing, whether those changes be positive or negative." Given Maroti's progress and the passage of time, the sentence handed down last year can now be viewed in a much better light, she said.

"Although the judge did commit an error in law...I would not change the sentence as imposed," said Steel. Corrin was also criticized by the high court this week for failing to provide any reasons for the sentence he gave Maroti.

I completely agree with the decision to uphold the 18 month sentence, which was appropriate and to let this man continue serving his probation. He has been doing exceptionally well in the community and there is no reason to imprison him further. The only purpose for further imprisonment would be revenge and that is not sufficient enough. This man has been attending all court programming, has found employment, is upgrading his education and has strong supports in the community. Prison would just take all of his hard work away from him, where he would not be able to continue his programming, would lose his job, would lose contact with family and friends and experience other deprivations along with a negative prison environment filled with drugs, gangs, and pro criminal behaviours and attitudes. Further prison for this man, after all of his hard work and efforts at rehabilitation, would be likely more damaging and cause more harm than good. Longer prison sentences have been proven to increase the probability of re-offending. That is not in society's best interests. This man has made the effort to change and demonstrates a real desire to change his ways. Prison would undo all the work he has done and "punish" him for his rehabilitation efforts and successes. He has made progress and has had success in the community and there would be no reason to imprison him further, besides revenge. This man has demonstrated a real desire to change and I am glad the courts acknowledged that!

Our justice system's purpose is to successfully rehabilitate and reintegrate those who break the laws. Therefore, we should not through this man back in prison and undo everything he has done to rehabilitate himself and then having him released disheartened at the prospect of living a productive life, left with no employment or home, and having been exposed to a negative prison environment. Prison would likely only do more damage and harm than good for this man. I would much rather see him continue his rehabilitation efforts as he has demonstrated success and progress in the community. That is the purpose of our criminal justice system and I am so glad the Judge saw that in this case.

The purpose of our justice system is rehabilitation and segregation in prison for the few dangerous people who need to be in secure custody, not punishment, retribution or revenge. The purpose of prison is not to punish but to ensure that the person cannot re-offend while they are being rehabilitated in prison. The threat of punishment in prison does not deter potential criminals. The prospect of getting caught does. Most criminals act on impulse and are not cost/benefit weighing rational actors. Prisons do have rehab and education programs but they are ineffective in most aspects as they are underfunded and the negative environment and subculture of the prison counteracts any skills an inmate may have learned through a program. This man is doing well in the community and there is absolutely no reason to take away all of his hard work, efforts, progress and success that he has accomplished. If society is not interested in successful rehabilitation and is only interested in punishment, then we are not truly invested in preventing or reducing crime. If somebody shows that they are being rehabilitated we should commend them and respect that. It sets a good example for others and also gives offenders an incentive to improve themselves, so they can avoid further prison time. When people are addicts, like this man, they make mistakes and we need to acknowledge that.   

Man who abused wife and daughter, sentenced to 16 months jail

Man sentenced for 'reign of terror'

BRANDON -- A man from western Manitoba is going to jail after conducting a "reign of terror" over his wife and two daughters for years after he suffered a brain injury falling from a roof.

Judge John Combs said Tuesday there's no doubt there's a connection between the injury and the man's "abhorrent" and "sadistic" behaviour.

But the judge rejected defence lawyer Bob Harrison's request for a conditional sentence -- the abuse was too serious for a sentence to be served in the community -- and the judge sent the offender to jail instead.

"To suggest he continually abused his family is an understatement," Combs said.

The man was sentenced Monday for a string of abuse that stretched from April 2002 to September 2005 and included sexual assaults against his daughters and a series of brutal beatings of his wife.

His name and the small Westman town where the offences were committed can't be published because his daughters were youths at the time of the offences.

It was in August 2007 that the daughters and the wife went to RCMP.

The offender pleaded guilty to counts of assault and sexual assault on March 16.

The man was sentenced to 16 months in jail followed by three years' probation.

He'll be registered with the national sex offender registry for 20 years.

I disagree with jail time. This man is not a danger to society, as he only abused family members previously. Prison should only be given to those who need to be incapacitated because they are too dangerous to be in the community. This man does not fit that profile. He should have received a conditional sentence with orders not to have contact with the victims, or to participate in victim offender mediation among other conditions. Also, if he suffered a brain injury which caused his behaviour, he shouldn't be in jail but should be receiving medical and mental help. If that is the case, his actions were not rational. This man suffered from a brain injury, and that can cause chemical imbalances and ineffective functioning. It can cause people to become violence and abusive when they never would have acted in such a way prior to the injury. If there is evidence to show that his behaviour stemmed directly from the brain injury, a sentence of not criminally responsible would make more sense and this man should be receiving mental and medical treatment, as opposed to prison. The conditions in prison could worsen his condition. Brain injuries DEFINITELY impact behaviour. Depending where the injury takes place, it can significantly impair rational thought or even from stopping impulsive behaviour. It can make someone extremely violent without provocation or with very little. A person has no control over this. Their brain is not functioning properly. His violent behaviour was likely not from a predisposition, but stemming from the injury. Hopefully this man can get the help he needs through emotion management and treatment and therapy.

Man with numerous probation breaches, given another chance at freedom

Man "likely to kill" but gets release -- Psychiatrist's opinion, Judge's reservations, breached conditions not enough to detain him

A Harvard-educated Winnipeg businessman with a history of terrorizing his estranged family is back on the streets, despite a psychiatrist's opinion he is "likely to kill."

The man -- who the Free Press is not naming to protect the identity of his victims -- was arrested last week for allegedly breaching conditions of his bail and probation orders.

Provincial court Judge Ray Wyant agreed to release him back into the community despite expressing serious concerns.

"There are a lot of things... that raise a lot of red flags for me," Wyant said in a hearing that wasn't covered by a publication ban.

Crown attorney Terry McComb argued the man, who is in his 30s, should remain behind bars. He spent nearly an hour going through extensive details of the man's troubling behaviour. He has been diagnosed with a narcissistic personality disorder and has made repeated threats to go on a deadly shooting spree against those he believes wronged him.

"He speaks of himself as being a ticking time bomb," McComb told the judge.

"He speaks of having a holy war, of having another Columbine or Virginia Tech" (massacre).

The man pleaded guilty in a Kenora courtroom last year to holding his parents hostage for several hours inside their Lake of the Woods cottage. He was under both a bail order and a restraining order to have no contact with them at the time of the 2007 incident, court was told.

The man, who has both Canadian and American citizenship, chartered a boat on the U.S. side of the lake, used a bogus name to get through customs then broke into the cottage, armed with an aluminum bat.

He ordered his parents to sit on a couch, saying "I could kill you both right now."

He blamed them for problems with his business interests and difficulties he had with his ex-wife and her family, who are also prominent Winnipeg business owners. He was also angry at not being allowed to see his children without supervision, court was told.

"Ultimately his parents were able to talk to him, to calm him down and he said he couldn't kill them," McComb said.

The man admitted to charges of criminal harassment, unlawful confinement, uttering threats, assault with a weapon and numerous breaches. He was given time in custody and two years of probation, which would be monitored by Manitoba's high-risk offender unit.

He still faces two charges of uttering threats from 2007. Those involve allegations he said he would kill his parents, his ex-wife and several members of her family during telephone conversations. He claimed he had "bought a .45 from a black man" and was prepared to use it.

"He said this would be all over the news, that he was incapable of surrender. He said 'I'll fight to the death. This is war. It will go down in blood. I don't care if I go out in a hail of bullets,' " McComb told the judge.

The man's trial on those charges is set for this fall. He's free on bail, and his conditions include a nightly curfew and non-contact order. He has reluctantly attended court-ordered counselling but has shown little interest in taking responsibility, court was told.

Last month, he told his psychiatrist he would no longer participate in conversations and would instead do yoga during future sessions.

"He apparently feels the whole system should bend to him. He doesn't appreciate how serious this is," McComb said.

"(The psychiatrist) does indicate he believes... he is likely to kill."

Police arrested the man last week after probation officials conducted four curfew checks in which he didn't answer his telephone at the Pembina Highway hotel where he lives with his new girlfriend, court was told.

The man took issue with his arrest during his bail hearing, in which he acted as his own lawyer. He said he was inside his room, as required, but never heard the phone ring.

"I haven't breached. I don't take my release lightly. My freedom is very important to me," he said. The man blasted the Crown, police and probation officials for targeting him.

"The system keeps screwing me," he said. "I'm hearing a lot about a monster. That person I don't recognize as myself. I'm trying to work towards peace and reconciliation. I do not have any major mental problems. I'm not capable of doing these things that people said I could do. I'm not a danger to society."

The man spoke for nearly 30 minutes straight, pleading with Wyant to give him another shot at freedom. He bragged about his many accomplishments, from his education at a prestigious U.S. college and winning a Winnipeg business award, to dominating the competition during weeknight floor hockey games at a Winnipeg church.

"I'm the top scorer, by the way. But that sounds narcissistic, so I won't say that," he told the judge. The man also compared his plight to that of Mahatma Gandhi and Martin Luther King Jr.

"I'm a guy who's been dealt a bad break by his family," he said.

Wyant chastised the man for his "me, me, me" attitude, noting he has already been convicted of serious criminal charges. However, he agreed to give the man one more shot at bail, warning any further breaches would likely result in a lengthy stay in jail.

"The authorities are going to be watching your every move," he said.

First of all, the headline is very biased. You can immediately know the author's opinion (that he feels this man should be held in custody) from the way he puts the psychiatrist's opinion as if it were a fact, in the headline. News stories are supposed to be unbiased. It is also biased in the fact that fails to state anything about the accused's background life, which may be a mitigating factor, or any other mitigating factors. 

I agree with the decision to release this man on bail. He is a successful university graduate and businessman who suffers from a personality disorder, which needs to be treated. That cannot happen in jail. His condition would likely only worsen. I agree with the bail but also feel this man should have to adhere to very strict conditions, including attending counseling and treatment. 

This man missed 4 phone calls. It doesn't mean he breached his curfew. That's not even a serious violation. He has been on bail without breaching for 3 years so the Judge obviously considered the fact that he does appear to abide by his court orders. The breach of probation charge could be something simple and not serious such as failing to keep the peace. It could be a simple mistake. Just because he breached his bail and probation doesn't mean he is any more dangerous. It doesn't mean that because he breached his bail and probation that he's alleged to have committed two separate offences. Failing to keep the peace is a breach that an officer lays any time someone on probation picks up a new charge. 

In addition, he has previously only expressed aggression and anger towards family members and relatives, not anyone from the general public, so I do not think he would be a danger to the public. 

No more discretion for probation officers -- Young offenders must follow court orders

No more discretion for probation officers; young offenders must follow court orders

PROBATION officers will have no discretion when it comes to young offenders ordered by a judge to wear an electronic monitoring ankle bracelet, Premier Greg Selinger said Tuesday.

It's the first sign the province is putting its foot down on its probation services after a week of stinging criticism from the Opposition Progressive Conservatives that too many young convicted car thieves ignore court orders because they know they won't be reported to police and re-arrested.

The issue:
The Selinger government has been blasted for the past week on why a 14-year-old chronic car thief thumbed his nose at the law 24 times without consequence in a six-week period, leading to him killing a Winnipeg cab driver with a speeding, stolen SUV in March 2008.
The response:
Attorney General Andrew Swan rejected calls for a tougher zero-tolerance policy on young offenders who breach court orders. Swan said that approach won't help make these kids better people.
What's new:
The NDP was hammered again Tuesday by the Opposition Progressive Conservatives and Liberals in reaction to a Free Press story that a probation officer allowed a high-risk young offender to return to the community without wearing his court-ordered electronic ankle bracelet. The youth, 17, went on to commit several new crimes, including a violent home invasion in which he and two adult gang members attacked a man in front of his four-year-old son.
The response:
Premier Greg Selinger said the system failed and vowed it won't be repeated.
"Where an electronic monitoring device is required by a court order it should be implemented fully without any exceptions for the full period of the court order in order to ensure that individual is monitored on a 24-7 basis," Selinger said.

Selinger was responding to a case reported by the Free Press in which a provincial probation officer allowed a high-risk young offender to return to the community without wearing a court-ordered electronic ankle bracelet.

"This incident is one which is unacceptable to the public, it's unacceptable to this government and I'm sure it's unacceptable to every member of this legislature," Selinger said firmly in question period. "Clearly, when these kinds of things happen the system can improve its ability to protect public safety and security."

Selinger said when a young offender is ordered to wear an anklet as part of a probation order, as many high-risk auto thieves are, the government now expects them to wear it until the court order expires.

"Resources are being reallocated to provide more monitoring and enforcement for court orders for high-risk offenders," the premier said.

The government's tougher stance on how probation officers do their jobs came after Attorney General Andrew Swan meet Tuesday morning with the province's top law enforcement officials to tighten up probation enforcement.

Swan said he's ordered a review of the case reported by the Free Press to see what went wrong. The results are expected to be known in the coming days.

Tory Leader Hugh McFadyen said the province has to take it one step further by also bringing in a zero-tolerance policy so that any breach by a high-risk offender, no matter how slight, lands them back in jail.

The Tories also want the government to disclose how many young offenders are in breach of a court order.

The province has so far declined to do either.

Progressive Conservative Justice Critic Kelvin Goertzen said what Swan can do is crack down on probation officers buying "treats" with department funds for the kids they're supposed to be watching, including Slurpees, doughnuts and tickets to Goldeyes baseball games.

Details of the spending -- Swan describes it as a reward for good behaviour -- came out Monday during a budget-estimates meeting.

"No wonder... high-risk offenders keep coming back into the NDP system of justice," Goertzen said Tuesday. "It's like Disneyland. It's the happiest place on Earth. Slurpees, doughnuts, baseball tickets. It's time he stopped trying to be a pal to every offender."

Swan said he has committed to go through the past five years of probation services spending to see what was spent by officers on young offenders, and what was actually bought.

He said he has not ordered a halt on that spending pending the outcome of that review.

I agree with high risk young offenders being required to wear an ankle bracelet, if that is the sanction they receive from the court. And I also agree with the youths being rewarded occasionally with a treat, if they display good behaviour. It's classic operant conditioning. Rewards are an incentive for teens to maintain their good behaviour, in order to get another reward. I see no problems with that.  

Time to probe probation

Justice Minister Andrew Swan's spirited defence last week of probation officers' wide discretion in monitoring youth in the community was weakened Tuesday amid revelations a serious young offender was allowed to walk free of his court-ordered ankle bracelet. Winnipeggers are worried about the probation system's ability to keep the public safe.

Mr. Swan says probation officers must exercise professional judgment. True, minor breaches -- late for school, late for checking in with a probation officer -- should not launch an offender back into jail.

There may also be a disconnect between whom the courts and probation services regard as best candidates for ankle bracelets. An inveterate offender is unlikely to be deterred by a bracelet that apparently is easy to remove -- Mr. Swan has told a legislative committee two youths removed bracelets four times each.

But they can't work, in any case, if they're not used. In the most recent case of a failure of probation services to enforce court-ordered conditions of release, a young offender landed repeatedly back in jail and each time he was released in the community without the tracking device a judge had insisted he wear. This year, while on probation, the youth invaded a North End home, where a man was beaten up.

Mr. Swan has announced another review, this one to assess what went wrong. The probation officers' union says the problem lies with a system incapable of keeping up with demand. There are up to 12,000 outstanding warrants in Manitoba but jails are overloaded (see commentary elsewhere on this page). The union concludes there aren't enough jail cells to hold offenders.

It is equally true that without effective enforcement, it is futile for courts to impose conditions upon release. Further, the Justice department does not analyze who is breaching, how seriously and how many on probation commit new crimes.

Mr. Swan and his NDP predecessors insist it is the Youth Criminal Justice Act that is the problem. Absent good analysis, Manitobans can't have real confidence in that assertion. Mr. Swan's immediate concern should be to find out if probation officers have lost faith in both the law and the system.

Woman in Phillipines helps investigation into Manitoba sex offender

Manitoba sex offender undone by alarm overseas

A concerned woman in the Philippines was the key to bringing a Manitoba sex offender to justice.

Bruce Nelson pleaded guilty Tuesday to charges of child pornography and indecent exposure in an unusual case that began overseas. He was given eight months of time served in custody and three years of supervised probation under a joint recommendation from Crown and defence lawyers.

Nelson, 48, admits he was sending explicit images of nude young children to strangers over the Internet from his home computer in Pinawa. He always claimed to be the father of the girls in the pictures, court was told.

In fact, Nelson had actually downloaded all of the pictures from the Internet and didn't know any of the children. One of the unwitting recipients was a Filipino woman who began asking Nelson questions about his background with hopes of building a case against him, including where he lived. She then went to child welfare authorities in her home country, who quickly forwarded the complaint to Canadian authorities.

Police traced the images to Nelson's computer and executed a search warrant in 2008. They found evidence of hundreds of similar online chats along with more than 1,000 graphic images and 88 movies involving child pornography. Nelson had no prior criminal record and was released on a promise to appear in court. But he was rearrested months later after exposing himself to two children, aged five and nine, that he approached on a gravel road in Pinawa. Nelson told the kids there was a baby deer down the road and invited them to come for a closer look. He then exposed himself. The children fled the area and immediately told a parent.

Nelson was quickly identified by his description and the car he was driving.

He was eventually released yet again on bail, then failed to report to police in January as required. He was arrested a third time and has been in custody since. A psychiatrist has deemed Nelson a low risk to reoffend but can't explain what motivated him to "go off the rails," court was told. Nelson is the father of two children, has been in a long-term relationship and worked full time at the same job for nearly 30 years.

Provincial court Judge Brian Corrin said he is concerned by an escalation in Nelson's criminal behaviour that saw him go from viewing images of child pornography to "getting gratification in a public place with small children."

I completely agree with the sentence of probation. This man is a low risk to re-offend and has no prior record. He has children, is in a long term relationship and has a full time job. He needs to support his family. Prison would only tear this family apart and likely have damaging effects on this man because he would be a low risk offender housed with high risk offenders. This has been proven to increase recidivism rates when offenders are released. This man should receive counseling, and learn management skills for his sexual impulses.


Under probation, I would recommend management of deviant impulses, relapse prevention programs and sex offender programs in the community. They cannot be cured, but they can be rehabilitated.

Judges gives youth open custody and community service for first time youth offender- - A move in the right direction

'It boggles the mind' - - Judges awards open custody for unprovoked beating

A 17-year-old male has been sentenced to 10 1/2 months custody and community supervision for his part in a vicious, unprovoked attack on a 45-year-old man.

The victim was walking home with his 22-year-old son when he was swarmed by the accused and five other youths underneath the Osborne Street bridge, shortly before midnight, July 3, 2009.

The man was punched, kicked and beaten with a wooden stick before being robbed of his wallet and car keys, court was told.

He suffered three broken ribs, two black eyes and cuts and bruises to his face and head.

“It’s inexplicable, the violent and unprovoked nature of the attack,” said Judge Carena Roller. “It boggles the mind.”

The boy — who was 16 years old at the time and had no prior record — pleaded guilty to one count of aggravated assault.

The maximum sentence under the Youth Criminal Justice Act is two years custody and community supervision.

The victim’s son flagged down police officers who arrived at the scene to find the accused still standing over the victim.

The boy admitted to beating the victim with a stick but claimed he had no memory of the attack because he was drunk.

Roller allowed the youth to serve his sentence in open custody, meaning he is eligible for temporary absences.

Crown attorney Lisa Carson argued the severity of the attack didn’t justify open custody.

“The criminal culpability and moral culpability here is high,” she said.

The boy will serve seven months of his sentence in custody and the balance under community supervision.

Roller sentenced him to an additional 12 months supervised probation.

First of all, by saying 'it boggles the mind', implies that this was the wrong decision to "award" open custody, when really, it's a move in the right direction. This wil give the public the distorted perception that we need harsher penalties, when they aren't even given the other side. This is a biased article.

I definitely agree with this sentence, compared to the alternative of the maximum 2 years custody and community supervision. He is a first time offender and admitted to the attack, but was intoxicated which would have impaired his judgment. Therefore, he should not be sentenced harshly, especially under the YCJA which focuses upon rehabilitation and reintegration of youths.  

Woman jailed for stabbing ex.

Woman jailed for stabbing ex

Sit all three parties in a love triangle on a couch, add alcohol, and it’s not going to end pretty, a judge heard Monday.

Lorie Bearbull, 33, stabbed her former boyfriend at least two times in the stomach following an alcohol-fuelled argument between the victim and her current beau on Aug. 12, 2008.

“The facts of this case are highly unusual,” said defence lawyer Lori VanDongen. “Adding alcohol is like adding the spark to a keg of gunpowder. Eventually something is going to happen, and eventually something did.”

The victim was taken to hospital in critical condition suffering a perforated bowel.

Court heard Bearbull told police the victim had previously been stalking her.

Judge Lee Anne Martin sentenced Bearbull to 18 months in jail to be followed by three years supervised probation.

Bearbull received double credit of 13 months for time served, reducing her remaining sentence to five months.

This article is beyond vague. It does not mention what she was charged with, the defence's arguments or any mitigating factors. Therefore, I cannot make an informed decision. 

Manitoba teen admitted to minor role in attack

Teen played minor role in viscious attack

A Manitoba teen has admitted his role in an attack that saw a youth dragged from his home, beaten unconscious and then hung by his neck from a tree.

The 17-year-old pleaded guilty last week in Portage la Prairie court to assault causing bodily harm for the April 2007 incident on the Sandy Bay First Nation, about 165 kilometres northwest of Winnipeg. He was sentenced to two years probation as part of a joint-recommendation between lawyers.

The Crown stayed a more serious charge of attempted murder based on problems with its case, which included no arrests or identification of the two main attackers.

Prosecutor Lee Turner said the victim -- believed to be about 16 years old at the time -- was asleep in his own home when two men wearing bandanas over their faces burst inside.

"They roughed him up and took him out of the house," Turner said Wednesday in an interview. A third suspect -- the youth who was in court last week -- was waiting outside and helped the others quickly overpower the victim.

"He was there as a backup, but apparently didn't know how serious this was going to be," said Turner. The masked men took a yellow rope and placed it around the victim's neck before securing it to a wooden beam that ran between two trees.

"Apparently this was a spot people in the community would hang deer from to drain the blood," said Turner.

Fortunately, the victim's cousin stumbled across the scene while walking over from his own nearby residence. He had been playing guitar with the victim earlier in the evening but went home briefly to get some more equipment.

"He was hanging by the neck, but not for a very long period of time. It's very fortunate the victim was saved as he was," said Turner. The three culprits all fled the scene, and the cousin was unable to identify any of them because it was dark, court was told.

The victim suffered serious but non life-threatening injuries from the beating and the hanging.

"It's amazing how little damage there was to his neck," said Turner.

RCMP were only able to identify the one teen accused, who had been seen in the area at the time of the attack. He refused to identify who else was involved.

Turner said a motive for the attack isn't clear.

I wish this article would have included the other side of the story, the accused's. I would like to know his background life information, mitigating factors, possible addictions/mental health issues, family life and the conditions of his probation. 

I do agree with the probation sentence, because he is a youth and the YCJA is focused on rehabilitation and reintegration. This youth had a minor role and does not deserve to be sent to prison as prison is "criminogenic" in cases of teens, meaning that it causes more crime and the greater possibility of re-offending.  

Judge's daughter sentenced for 'nasty' robberies

Judge's daughter sentenced for 'nasty' robberies

The adopted daughter of a provincial court judge was sentenced Friday to time served plus two years probation after pleading guilty to two counts of robbery.

Twenty-one-year-old Jessica Linda Smith is the adopted daughter of Judge Marva Smith.

Because of her mother’s position, Jessica Smith was prosecuted by a Saskatchewan Crown attorney and sentenced by a Saskatchewan judge.

Associate Chief Judge Clifford Toth described the robberies as violent and “nasty” crimes that would have welcomed a penitentiary sentence had Smith committed them in Saskatchewan. Toth said Manitoba places a greater emphasis on rehabilitation for young, first-time offenders like Smith.

Crown attorney Bill Burge recommended Smith be sentenced to two years less a day, minus credit for time served.

Smith served 208 days in custody prior to sentencing, or the double-time equivalent of 131/2 months.

“You are not on probation for shoplifting,” Toth told Smith. “If you blow it off there will be some real consequences ... You have a real record now.”

Smith’s robberies occurred within three hours of each other, in March 2008. In the first robbery, Smith was driving with three friends when, shortly before midnight, they spotted the 15-year-old female victim in a bus shelter on St. Mary’s Road. Smith pepper-sprayed the victim and stole her handbag containing a digital camera, a cellphone and $110 cash.

Less than three hours later Smith — accompanied by a co-accused — pepper-sprayed a pizza delivery driver and robbed him of $100 cash and two large pizzas.

Out of control

Defence lawyer Lisa Labossiere said Smith’s life was spiralling out of control following a domestic breakup and a number of family setbacks. According to a therapist’s report, Smith’s use of cocaine and alcohol prior to the robberies put her in a “state of emotional vulnerability and volatility.”

Smith was granted bail in July 2008 but was later returned to custody when she failed to appear in court.

Toth ordered that Smith pay restitution of $700 to her two victims and apologize to them either in person or in writing.

I completely agree with the probation sentence. She has no prior record. I believe she needs counseling and treatment for her family setbacks, drug and alcohol usage. This woman needs help, not prison. 

Man fined $40,000 for tax evasion

Man fined $40,000 for tax evasion

A 32-year-old man who set up an Internet investment scheme pleaded guilty to income tax evasion Monday.

James Cotton, 32, was fined $40,000, sentenced to two years of supervised probation and ordered to get treatment for his gambling addiction.

The court heard that Cotton set up a website called "stormysurf.ca" and told investors they could make 150 per cent returns on their investment within 10 days. He used the proceeds from the website to build a swanky home in Matlock and paid more than $90,000 for two new vehicles, but never declared income from his web business. The Canada Revenue Agency was tipped off to Cotton's Internet money-making venture by the RCMP.

Police had been contacted by investors who complained about the scheme, and a criminal investigation continues. The federal Crown said Monday that Cotton, who waived his right to an attorney, co-operated with investigators from the Canada Revenue Agency.

Cotton told the court that he became a gambling addict at the age of 18 when he moved off the family dairy farm to Winnipeg. He has previous convictions for credit card fraud, which he blamed on his addiction.

The court heard that Cotton no longer lives with his wife and family, and works for friends at their warehouse. Provincial court Judge Heather Pullan gave Cotton three years to pay his $40,000 fine.

I think that this is a pretty appropriate sentence for this man. 

Chronic Winnipeg shoplifter, sentenced to one year prison

Chronic shoplifter sentenced to a year in prison

She is regarded as one of Winnipeg's worst shoplifters. And now there is a steep new price to be paid for her nuisance crimes which show no sign of slowing down.

Claire Downs, 49, was sentenced to one year in jail Monday for stealing frozen shrimp, pecan tarts and a box of chocolate from two local stores late last year. It is the longest penalty she has ever received during a 30-year criminal history which includes a staggering 59 theft convictions.

"For this, you are willing to throw away your liberty?" said provincial court Judge Heather Pullan "You have the longest record for shoplifting I've ever seen. There is nothing we have done, as a system, that has changed your behaviour."

Downs has been the subject of 10 previous probation orders, and even short stints behind bars have seemingly had no impact. Her latest crimes in November occurred only months after she finished serving a 10-month period of custody.

"It's clear jail has done very little to change her ways," said Pullan.

Defence lawyer Ted Mariash said his client -- an otherwise intelligent, well-spoken divorced mother of several adult children -- keeps falling back into her old ways because of a long-standing cocaine addiction. Downs has been unable to hold down a job for years because of her troubled history and often resorts to stealing to trade hot goods for her next fix. There are also examples, like her most recent crimes, where she is simply hungry and helps herself to whatever she can.

A Winnipeg probation officer told court Monday Downs will continue the same criminal cycle unless she gets serious about addressing her demons. Typically, Downs is good at self-control for about a month before she breaks down and follows a familiar path, she said.

Crown attorney John Peden said Downs clearly poses a "danger" to society, even though her crimes are non-violent. He was seeking a penitentiary term of more than two years for Downs. She asked the judge to consider time in custody and release her immediately.

"Since I've been in jail, I've been looking ahead at what I have to do," a clear-headed Downs told Pullan in court Monday. "I've had lots of opportunities in the past to do something about it, but I've chosen not to. When you've been playing games for a long time, at some point you have to stop."

Downs insisted that time has finally arrived.

Pullan gave Downs double-time credit of nine months for her time spent behind bars since her arrest. She must serve another three months. Pullan warned that the sentences are only going to get bigger if Downs continues to re-offend. Pullan also ordered Downs to stay away from any Safeway or Staples stores in Winnipeg, which were the victims of her latest thefts.

I see major problems with this case.. This woman probably wouldn't have kept re-offending, if someone had actually helped her! Did anyone provide her with career resources? Job Skills? Resume writing skills? Counseling for her troubled history? Treatment programs to address her cocaine addiction? The answer is no. This woman's motive is not "criminal", I would argue. She is stealing in order to survive. She is not stealing to support a drug addiction, or "just for fun." This woman needs help to address the underlying factors contributing to her shoplifting program.

I think that it should have been recommended that she attend a 10 week program provided by the Elizabeth Fry Society called "Stop Lifting" to address to causes of shoplifting, be provided with drug treatment, career resources and help to find a job and she should have been given probation.

Prison will not help this woman in any way (except stop her from re-offending). She will likely be released with yet again, no help to address her issues. The cycle will only continue. 

@Ridiculous
You are definitely right. She may have been through many programs already. She does need to do the work as well and commit to changing and improving herself. Maybe the 3 months in prison will help her to come to the realization that she can't keep doing this and does need to change.

@dabs
I am passionate about criminal law and am not advocating for criminals to "walk-free." I think that some individuals need to spend time in prison, but it should be reserved for repeat, dangerous and high risk offenders. I think that all other alternatives should be considered beforehand, as they are more successful for most people and show lower recidivism rates than prison.

In this case, this woman requires a combination of counseling, treatment and incarceration, I believe.