Teen involved in machete attack, receives 15 months prison

Machete attack gets 15 months

A Winnipeg teen who sparked a machete attack on a 64-year-old man should be sentenced to 15 months custody and community supervision, a judge said Thursday, but it will be some time before he learns how much of that sentence will be spent behind bars.

The man’s lawyer is arguing the sentence should be reduced in consideration of the lengthy period he has spent on bail since the June 2009 attack.

Judge Ted Lismer adjourned sentencing to allow the defence time to prepare an additional sentencing submission.

A final sentencing date will be set later this summer.

Court has heard the then 17-year-old accused had been drinking heavily and was in the company of two boys — one 16, one 15 — he had met that same day when the trio came across the victim shortly after midnight, walking in the vicinity of Aberdeen Avenue and McGregor Street.

The victim was “minding his own business” when the accused instigated a verbal exchange with the victim and punched him in the head, knocking him to the ground, Crown attorney Susan Baragar told court at an earlier sentencing hearing. The accused sprayed him with bear repellent and kicked him in the head.

The two co-accused joined in the attack, the older of the two slicing one of the victim’s shoulders with a machete.

The 16-year-old co-accused was previously sentenced to 18 months in jail, while the 15-year-old was sentenced to just under one year in jail.

Defence lawyer Jody Ostapiw said her client has had no more run-ins with the law while on bail and urged Lismer to sentence him to probation.

The accused was the only one of the three teens to be released on bail. That fact should not entitle him to a more lenient sentence, Baragar argued.

Lismer agreed, noting the accused was allowed to live under relaxed house arrest conditions with limited monitoring while his two co-accused were confined in jail.

“The only meaningful and just sentence that will hold the accused accountable is a period of custody,” he said Thursday.

If this teen has obeyed his conditions while on bail, which he has, he should not spent any more time in prison. He was intoxicated and impaired, which is a mitigating factor in this case. He should receive programming for violence prevention and risk management and emotion management but be placed on probation. Prison would not help him at all. 

Woman who stole $230K from employer, jailed: Wrong decision

Woman sentenced for stealing at work

A Winnipeg woman who cheated her employer of $230,000 has been sentenced to 16 months in jail.

Linda Cousins, 48, previously pleaded guilty to one count of theft over $5,000.

Cousins was the financial controller for Imperial Flooring when, in 2006, she began processing additional paycheques for herself. In 20 months, Cousins processed more than 65 bogus cheques to herself, one as high as $6,300.

Cousins claimed her crimes were driven by depression and a gambling addiction.

Judge Lynn Stannard said she accepted gambling was a factor in the thefts but did not believe Cousins suffered from a pathological gambling addiction.

“I believe Ms. Cousins gambled initially to attempt to win back the money she had been taking to pay her bills and as the amount of money stolen increased she became more desperate and irrational in her belief that gambling could be the answer to her financial woes,” Stannard said.

Defence lawyer Lisa Labossiere said her client had an abusive upbringing that prompted her to leave home at 15. Financial setbacks left her suicidal and depressed, Labossiere said. That led to gambling and VLT losses of up to $500 a day.

Stannard noted many people in similar circumstances don’t turn to crime.

To date, Cousins has repaid less than $300 to her former employer, $100 less than she spends every month on cigarettes, a court report stated. “It’s very difficult to see this money being paid back in a reasonable amount of time,” Stannard said.

Here is my previous blog post on this case:

Should woman who stole $230K from her employer, be jailed? 

I do not believe prison was the appropriate sentence in this case. Prison should not be over-relied upon and should always remain a last resort. All other lesser restrictive sanctions should be considered prior to imprisonment. I believe that only the most dangerous individuals should be held in prison, not the mentally ill, addicts, non-violent, property or drug offenders. This woman is not a danger to society. 

Prison is too harsh of a sentence. She should have been sentenced to a conditional sentence or probation, with restitution to pay back the money she stole, counseling and programming for her gambling addiction, abusive upbringing and depression. These crimes were driven by addiction, need and mental illness not greed. This woman is humiliated, ashamed and has already suffered from "public shaming." Further punishment is not necessary. Prison serves no purpose for this woman, except revenge and retribution, which is unjust. The mentally ill should never be held in prison as prison conditions often worsen mental disorders. Prison will not have any positive impact on this woman's life or assist her in rehabilitation.   

Family fight quickly ended man's freedom from prison

Family fight quickly ended con's freedom

Devon Ducharme spent more than six years waiting to get out of prison -- then took just a few hours to throw his freedom away.

Ducharme, 25, pleaded guilty Wednesday to a vicious October 2009 attack on his aunt that included burning her eyelid with a cigarette and punching out one of her teeth. The incident happened on the same day Ducharme was paroled from Stony Mountain penitentiary after being locked up since July 2003 for crimes including robbery and aggravated assault.

Defence lawyer Saheel Zaman said his client clearly didn't handle his release well. Ducharme arrived home to find his mother, father and aunt partying and drinking and quickly joined in the festivities, despite being ordered by the parole board to abstain from alcohol.

"It's not a good situation. You're cooped up in Stony Mountain, you get released... and come home to find everyone celebrating," Zaman said.

The friendly atmosphere quickly turned sour when Ducharme's aunt began making sexual advances to his father in front of his mother. Ducharme, who had consumed up to 10 beers, began yelling at his aunt for disrespecting her own sister and then hit her. He butted out his cigarette on her eye, then struck her in the face.

"He feels horrible about doing what he did to his aunt," Zaman said Wednesday in court.

He said the victim and Ducharme's mother haven't spoken since that night, creating a rift within the family.

The victim submitted an impact statement to the court in which she spoke of ongoing physical and psychological suffering.

Ducharme is a longtime member of the Indian Posse street gang and has a lengthy criminal record, the judge was told. Ducharme was arrested in July 2003 after a violent armed robbery in which an employee at a North End grocery store was wounded by a shotgun blast.

While those charges were pending, Ducharme and nine fellow gang members brutally attacked their former leader inside the downtown Remand Centre.

Ducharme pleaded guilty to both sets of charges in 2005. He was given a total of six years, less time already spent in custody, for the robbery, and 18 months for the jail assault.

His parole was revoked after his most recent arrest, but his full sentence expired last November.

He has now spent the past seven months in custody without bail and has been held in segregation, prompting Queen's Bench Justice Rick Saull to give him double-time credit of 14 months.

Saull then sentenced Ducharme to another six months in jail. Ducharme had asked to be released immediately.

Saull cited Ducharme's high risk to reoffend and extensive criminal background, which includes "a truckload of breaches."

"He's a seasoned criminal. You're still only 25, so I'm not giving up on you, although I suspect you may have already given up on yourself," Saull said.

Zaman said his client has left the gang life behind and is anxious for yet another opportunity for a fresh start.

I disagree with more prison for this man. He expresses remorse for what happened and has left the gang life. Gangs and drugs and pro criminal attitudes and behaviours are abundant in prisons and he will likely only become more involved in that criminal lifestyle while in prison. It is a negative environment with negative influences which does not encourage or facilitate rehabilitation or reform. Even though this man has an extensive record, I believe he should have been sentenced to a 1 year conditional sentence with substance abuse programming, employment assistance or education, and violence prevention programming. He needs to learn to identify risk factors which lead to violence and then manage them effectively. 

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.

Strangers took care of baby while father's addiction took hold of him

Strangers cared more for baby than dad

Cheryl Collins has seen a lot in her years at the St. Regis Hotel. Nothing prepared her for the discovery of a nine-month-old baby abandoned in a room, left behind by a father who valued alcohol more than the life of his child.

"When I first saw her, I really misjudged her age," says Collins, the hotel manager. "I thought she was younger. But she was crawling around. That's terrible. The fact that she rolled off the bed and crawled around the room... I hate to think what could have happened."

On Thursday, the child's father was sentenced to 10 months in jail after pleading guilty to a charge of failing to provide the necessities of life. He has been in custody for three months. With a double-time credit of six months, he's only got another four months to go.

Staff at the St. Regis called Child and Family Services and the police when they discovered the baby. A guest heard frantic crying and alerted the front desk.

Her father, before he got blotto and forgot he had a child, gathered the bedding into a makeshift crib. It was a poor substitute for a real baby bed and no match for a child who could crawl.

A bottle of formula that had turned a pale green was found in the room.

The father was missing for an estimated 16 hours. He says he went outside for a smoke, ran into someone who gave him a drink and somehow ended up in the North End, drinking until he passed out.

His excuse in court?

"I didn't have a father figure to teach me right from wrong," he told the judge. "I get stressed and frustrated and I give up. I should have stayed with my daughter at all times."

Cry me a freaking river.

The guest who called the front desk saved her. By the time hotel staff were notified, the child's diaper was overflowing. She had a severe rash. She had fallen off the bed and crawled her way to the door.

When security arrived to open the door, the female guest scooped up the wailing baby.

She changed her with a diaper found in the room. Staff took the rancid bottle, sterilized it and gave the child fresh milk.

The strangers acted in place of the parent she didn't have.

"There were a bunch of staff who were holding her, giving her a bottle," says Collins.

The child quickly needed another diaper change. A female employee took care of that, using a diaper the hotel keeps in its emergency stash.

A staff member in the gift shop took a turn holding the baby, followed by a waitress and then a female cook.

They cradled and coddled the wee one until the authorities arrived.

The dad showed up shortly after that, having belatedly remembered where he was staying and that he had a baby with him.

"I was sitting in the gift shop, he walked in, the police and family services walked him back out," says a doorman.

Cheryl Collins has two adult children and she's fostering a four-year-old nephew. She is still bewildered by the father's actions.

"He didn't beat her but he sure neglected her," she says. "You just can't imagine. They're just so helpless. To not change their diaper, to leave them, you just can't understand why anything would be more important than your baby."

Most of us can't understand why anyone would choose to drink until they pass out. We can't understand why a parent would make a choice -- and it is a choice -- between caring for a vulnerable child and giving in to one more drink and all the drinks that came after.

The dad says he didn't have a father figure himself? Tough. Even someone raised by wolves would know you don't leave a baby alone in a hotel room, not for 10 minutes and not for 16 hours. This man doesn't deserve to raise children. He's got another four months to think about that.

Let's hope that's enough time.

This father clearly cared enough for his daughter to take her from Thompson to Winnipeg for a doctor's appointment. Unfortunately, his addiction got the better of him. Four months in prison, sitting in a cell, is not going to reform this father's behaviour or his thinking. Prison is a negative environment which fails at encouraging or facilitating rehabilitation or reform. This man is not a danger to society and should therefore, not be in prison. He's there for too short a time to even enroll in any programs that may help him. He should have been given only 3 years of probation, with substance abuse programs and parenting programs. This man needs help, not prison time. Being overly punitive will offer no solutions and is simply revenge. Alcohol abuse is a symptom of deeper issues within a person's life and we need to address those. 

I dont understand how jail will help this man at all. It also doesn't help the child. This man should have his child returned to him, once he improves himself and gets his life in order. Judges need to consider the least restrictive options for sentences and prison will not accomplish anything for this man. A community sanction would accomplish more, as it offers more effective substance abuse programs. Prisons are the schools of crime and being in prison could cause him to be a better criminal, risk of being victimized and it drains resources for someone who doesn't need to be there.  

Man sentenced to jail for leaving infant alone while drinking

Man sent to jail for leaving infant alone while drinking

A Thompson man who left his nine-month-old baby girl alone in a hotel room for 13 hours while he was out drinking has been sentenced to 10 months in jail.

Peter Kanabee, 31, pleaded guilty to one count of failing to provide the necessaries of life.

"This was the biggest mistake I ever did," Kanabee told court Thursday. "I have no excuse... I should have stayed with my daughter at all times."

Court heard Kanabee brought his daughter to Winnipeg last February for a medical appointment. Kanabee arrived at the St. Regis Hotel sometime after 9 p.m., dropped his daughter off in their third floor room and was out the door a short time later, said Crown attorney Terry McComb.

McComb said Kanabee went outside for a cigarette where he met a male acquaintance with a bottle of booze.

When Kanabee returned drunk to the hotel lobby, staff told him he would have to stay in his room or leave the hotel. Kanabee left the hotel without telling staff about the baby in his room.

McComb said Kanabee ended up at a Redwood Avenue house party where he drank nearly a dozen beer and passed out.

Hotel staff discovered the crying baby at 11 a.m. and called police. The baby had not been fed or had a drink for at least half a day and had a severe diaper rash.

Kanabee returned to the hotel at 2 p.m. and was placed under arrest.

The child is now in the care of Child and Family Services.

The baby was "not even a toddler who could knock on a door or yell for help," McComb said. "There is just no ability to trust this individual with children... It's the most egregious act of neglect."

Kanabee never intended to abandon his child, said defence lawyer Rod Brecht.

"He thought he could get away for an hour or two, have a few drinks and get back to the hotel," Brecht said. "Certainly there is no legal excuse for this... dereliction of his parental responsibilities."

Judge Ted Lismer sentenced Kanabee to an additional three years supervised probation and ordered that he have no unsupervised contact with children under 16 years of age.

Dad who left baby to go drinking gets 10 months 

A Manitoba father who abandoned his infant daughter in a downtown Winnipeg hotel room for 16 hours to go and drink at a house party has been sentenced to 10 months in jail.
Peter Kanabee, 31, pleaded guilty Thursday to a single charge of failing to provide the necessaries of life.

'There's just no ability to trust this individual with children.'—Crown attorney Terry McComb

The Crown stayed charges of criminal negligence causing bodily harm and child abandonment.
Court heard that on Feb 11, Kanabee came to the city by overnight bus from Thompson with his nine-month-old daughter so she could attend a medical appointment.
According to the Crown, the pair checked into the St. Regis hotel at about 10 p.m. CT, but by 11 p.m. Kanabee had left his daughter on the floor of the room to go outside for a cigarette.
He met up with a friend outside who offered him liquor. He once tried to return to the hotel but was removed by security for being intoxicated. Without saying anything to guards about the baby in his room, he left and went to a house party in the North End where he drank 10 beers and passed out, Crown attorney Terry McComb said.
Kanabee returned to the hotel at 2 p.m. the next day and was immediately arrested by police who had been called there by staff because of the abandoned baby.
He has been behind bars ever since, after being denied bail a few days after his arrest.

Infant's screams alert staff

The terrified infant was discovered prior to Kanabee's return after guests overheard its frantic screams for attention at 11 a.m.
Staff opened the door of the room and found the baby on the floor behind the door. She was suffering from extreme diaper rash and was taken to a local hospital for treatment.
Police were called and took charge of the situation. After finding Kanabee's photo and ID in his knapsack, they waited for him to return.
He initially told them that he had tried to get back in the hotel three times, but surveillance footage showed he only came back once, McComb said.
McComb asked Judge Ted Lismer to sentence Kanabee to four more months in jail, saying the defenceless infant was completely dependent on him to look out for her welfare.
"She was not even a toddler that could knock on the door or yell for help," McComb said. "His absence relates to his own selfish interest."

'Severe danger'

Kanabee was granted two-for-one credit for the three months he spent in jail before pleading guilty. He was charged just a week prior to a law taking effect that eliminates the time-served credit for remanded prisoners.
Lismer also granted a Crown request that Kanabee serve three years of probation after his release, with special conditions limiting his contact with minors.
"There's just no ability to trust this individual with children," McComb said.

'I get stressed and frustrated and I give up.'—Peter Kanabee

Kanabee has suffered with an alcohol problem for more than a decade, his lawyer said.
He had every intention of going back to the hotel, but the liquor got the better of him.
He passed out and had trouble finding his way back downtown, Rod Brecht said, adding that Kanabee is extremely remorseful.
"Certainly it was a dereliction of his parental responsibility," Brecht said.
Lismer chided Kanabee for putting the girl in "severe danger," saying that it was possible the baby could have been seriously hurt or even died.
In a rambling address to the court, Kanabee promised he was trying to change his life and deal with his addiction issues.
"I didn't have a father figure to teach me right from wrong," he said. "I get stressed and frustrated and I give up.
"I should have stayed with my daughter at all times," he said.
"I'm very sorry, especially to my baby daughter," Kanabee added.

Father jailed after abadoning baby to go drinking
A "SELFISH" father has pleaded guilty to leaving his nine-month-old daughter alone in a downtown Winnipeg hotel room for nearly 16 hours while he drank, partied and passed out.
The 31-year-old -- who can't be named under the Child and Family Services Act because it would identify the child -- was given a 10-month jail sentence Thursday under a joint recommendation from Crown and defence lawyers. He admitted to a charge of failing to provide the necessities of life.
"I didn't have a father figure to teach me right from wrong," the man told provincial court Judge Theodore Lismer. "I get stressed and frustrated and I give up. I should have stayed with my daughter at all times."
The man and his daughter live in Thompson but had come to Winnipeg for a medical appointment. They checked into the St. Regis Hotel on Main Street around 10 p.m. and the father left the room about an hour later. He originally went outside to have a cigarette, but claims he met a friend who offered him some alcohol. The pair then went to a house party in the North End, where he drank at least 10 beers and passed out.
The father returned to the hotel around 2 p.m. the following day and was greeted by waiting police officers. Staff at the hotel had found the child about 10:30 a.m. after a guest reported the sound of crying.

By the headline saying that he "abandoned his baby to go drinking" implies that it was a conscious choice. When you have an addiction, it can overcome you and it is no longer a conscious choice. It's all you think about. Also, this article is biased as it says "the selfish father." An addicted father is not selfish. The article fails to mention that this father has been struggling with an addiction for years, or any other mitigating factors and statements by the defence.  

I completely disagree with 10 months of prison. I dont see what the purpose would be, as I dont feel he is a danger to society and therefore, should not be imprisoned. I agree with his lawyer, that he did not intend to abandon his child, but a small amount of alcohol left his memory and judgment impaired, where he neglected his parental responsibilities and got caught up in continuous drinking. I do believe he made a mistake. The article makes no mention of any prior record, therefore, I dont believe he should be imprisoned. I dont believe prison will have any positive effect on helping him to understand his actions and the consequences and it is not a meaningful sentence. Being far from his family and friends will be a serious deprivation for this man.

I would have imposed 3 years of probation with conditions that he not have any contact unsupervised with children under 16 (and his child), that he participate in a substance abuse program and a positive parenting program. I feel that once he has made steps towards improving himself and his parenting, he should be able to have his child returned. He should also be allowed to return to his home community of Thompson where he could be supervised by a probation officer there, so he is closer to family and friends. He should also be allowed to have supervised visits with his daughter. I understand that he is extremely remorseful and takes responsibility for his actions. 

Prison does not offer effective substance abuse programs and therefore, will not be of any benefit to this man. He should not have been sentenced to prison at all. This man suffers from alcoholism and should have been helped. Being overly punitive will not solve any problems and is no solution. Alcohol abuse is a symptom of deeper problems in a person's life and he should also be provided with counselling. Maybe he grew up in an neglectful or abusive childhood environment. We need to address these issues to prevent further crime. Addicts dont stop being addicts by being sent to prison for crimes they committed while intoxicated. Prison is over-relied on when resources should be used at getting to the root of the problem. Substance dependence is a mental disorder and this man needs assistance not prison. This man obviously has a sense of responsibility and cares for his child as he took her to Winnipeg for a medical appointment. It doesnt sound as if he was neglectful usually. His daughter should be returned to him once he gets his life under control and combats his alcohol problem. He is more of a danger to himself than society.

I don't think that father should have received prison time. Clearly, he
has a serious alcohol addiction which needs to be addressed. He got
caught up in his addiction and unintentionally neglected his parental
responsibilities. Being overly punitive is no solution. Alcohol abuse
is a symptom of deeper problems within a person's life which need to be
addressed, I believe. :)

This man will not be in prison long enough to enroll in any substance abuse programs offered. Therefore, he will basically sit in cell, doing nothing. How is that helping him.. when he could be in the community doing something productive and taking control of his life? If rehabilitation is the goal, which it clearly should be with an addict, then community treatment programs have been proven far more successful and effective, not prison. 

 

Man breaches conditional sentence with more graffiti vandalism

Tagger at it again during house arrest

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.    

Woman violates conditional sentence, must serve remaining time in jail

Woman blows shot at freedom

A Manitoba woman is headed to jail after repeated violations of her conditional sentence ended in a dangerous confrontation with RCMP.

Lillian Orvis was initially given a nine-month period to be served in the community last November after pleading guilty to trafficking marijuana on her home reserve of Bloodvein First Nation. She was re-arrested weeks later for breaching several terms of the sentence but convinced provincial court Judge Michel Chartier to give her one final shot at freedom, rather than suspend the rest of her conditional penalty.

His generosity and tolerance backfired.

RCMP responding to an anonymous tip found Orvis driving drunk through the community in March, when she was supposed to be under 24-hour house arrest and not consuming any alcohol. There were several other people in the car, including her 19-year-old son who was wanted for a hit-and-run accident earlier that day.

Orvis briefly pulled over, then sped away when police tried to arrest her. She narrowly missed running over the foot of one officer.

Police gave chase and followed Orvis to the Bloodvein airport, where she stopped her car and made a run for the forest. Two officers followed her footprints in the snow and found her hiding behind a tree, nearly a full kilometre into the woods.

Orvis began threatening the police and their families, armed herself with a broken tree branch and began punching the officers in the chest while shouting "I won't go down without a fight," court was told. Her son also emerged from hiding and began attacking police, who eventually overpowered both mother and son and got them in handcuffs.

Orvis was given a blood-alcohol test and found to be nearly twice the legal limit. Police charged her with impaired driving, flight from police officer, assaulting a police officer and several breaches of her conditional sentence.

Orvis appeared in court Friday seeking to be given yet another opportunity to succeed in the community. But Chartier wasn't convinced, saying her flagrant breaches must be punished. He noted her probation officer says she has shown an "inability and unwillingness" to comply with her court orders and the various programming and treatment options it provides.

"She has totally disregarded the conditional sentence order. This is a serious case of non-compliance," said Chartier. He reminded Orvis about the strong warning he'd given her months earlier when deciding not to send her to jail for her first set of breaches.

"It was made abundantly clear what the consequences of a further breach might be," he said. Chartier said giving her yet another opportunity would leave him "concerned the integrity of conditional sentence orders and public confidence in the administration of justice would be eroded."

Chartier has now ordered Orvis to remain behind bars until her conditional sentence expires in late August. She must also still deal with the new criminal charges stemming from her latest incident.

I believe in second chances. This was one breach by the woman and she should have been given a second chance to succeed in the community. These breaches, consuming alcohol, and the fact that her son was wanted for a hit run, is a refection of deeper problems within this woman's family and ultimately, the community. If this woman lives on a reserve, I am almost positive they don't offer resources and/or alcohol/drug treatment, which is maybe why she isn't participating in that. 

I also wonder, has restorative or Aboriginal justice, which integrate Aboriginal cultures and traditions, healing, restoration and support circles, been considered as an option for this woman? Likely not. 

I feel that prison should only be reserved for the most dangerous and violent offenders. This woman is not one of them, in my opinion. She made a mistake by consuming alcohol. Everyone makes mistakes and she should be given another chance. How will prison solve this woman's family and community conflicts/problems? It likely will not. I think the Judge should have let her serve the remainder of her conditional sentence in the community and offer family counseling, substance abuse treatment (maybe even a residential place) and a healing circle involving the woman, her son and the police officers who she assaulted. This woman needs help, not prison.  

Man who stabbed wife and cousin in unprovoked attacks, sentenced to prison

7.5 year sentence handed down in unprovoked stabbings

WINNIPEG - A Winnipeg man was sentenced Friday to 7.5 years in jail after pleading guilty to two counts of aggravated assault and resisting arrest for a brutal attack on his wife and cousin in May 2007.

Larry Brass, 29, admitted he stabbed his spouse in the throat and face, severing a major artery, which caused her to suffer a massive stroke, spend several days on life-support and be left brain-damaged, partially paralyzed are requiring full-time care. Brass also admitted to slicing his cousin's neck and slashing his face as he slept on a couch, causing extensive blood loss and permanent scarring.

He then cut his own arms and throat and begged Winnipeg police to shoot him when they arrived at the West End apartment. Officers were able to wrestle him to the ground without using deadly force. The scene was witnessed by the couple's 12-year-old daughter and Brass' 14-year-old sister.

Brass' will be given double-time credit of six years for the three years he has already spent in custody. he will be eligible for release in six months.  Supervised probation will follow, with conditions to include counselling and a ban on alcohol consumption.

The Crown had sought four more years in prison, while the defence claimed Brass should be released from custody immediately with a sentence of three years time served.

Despite the grisly attack, Brass' wife told the court earlier this month that she has forgiven her husband and hopes to reconcile once he is released from prison.

His probation will also include a condition not to resume living with his wife unless his probation officer gives written consent.  The judge indicated this would provide "one final check" to ensure living with her husband is what the woman "really wants."

The Brass family is no stranger to tragedy. He is the nephew of former Manitoba RCMP Const. Dennis Strongquill, who was gunned down in December 2001 by three heavily armed Alberta fugitives during a seemingly routine traffic stop near Russell. The cousin Brass attacked is Strongquill's son.

Crown wants 4 more years, Brass wants to be released now. 

Severed major artery in wife`s throat and left knife stuck in cousin

Brain damaged wife forgives him for the brutal knife attack 

Judge described attack and scene inside home as mayhem

Brass slashed his own arm and neck and yelled at police to shoot him, had to be tasered. 

Judge describes how Brass, both victims initially all critical, this easily could have been double-murder/suicide. 

Judge: "The attacks were brutal, bloody...the effects devastating." 

Judge: Brass' teen daughter, sister "traumatized", as were police who witnessed carnage. 

Judge describes how wife suffered massive stroke during emergency surgery, family told she likely wouldn’t survive. 

The woman made miracle recovery, but damage permanent. Was a teaching assistant in Winnipeg School Division, dream of being teacher dashed. 

Brass has been in custody 3 years. Crown, defence agree judge can give 2-for-1 credit of 6 years. 

Judge: Recounting defence theory this random attack out-of-character in otherwise "loving relationship", caused by "cocktail" of booze, drug 

FYI, Brass admits consuming both while celebrating wife's 28th birthday hours before attack.

Brass claims to have no memory of attack, no explanation for why he did what he did. 

Brass made "a number of seperate decisions during his rampage" to attack wife, cousin, police.  

Judge: Worth noting he didn't attack teen daughter, sister. Shows he had "some thought process" at time of attacks. 

Judge: Brass a "good candidate" for rehabilitation, has expressed genuine remorse. 

Brass is now 30. Has no prior criminal record. His uncle was murdered Manitoba RCMP Const. Dennis Strongquill. 

[Comment From AndreaAndrea: ]  I grew up with Larry and his wife, known them since grade 7. He was the most genuine, sweetest guy. I cannot even imagine that he could do something like this. So sad.

Brass was working at time of attack as a youth worker for troubled adolescents in Winnipeg School Division program.

Judge: No indication of any prior spousal abuse, problems. Brass described as a "model inmate" during time in custody.  

Judge: "This gives court confidence it has an offender who has recognized his wrongful conduct." 

Judge: Also worth noting the victim wishes to resume contact with Brass. 

Judge: However, all of these positive factors in some ways make this unprovoked, unexplained attack even more troubling. 

Judge: "Mr Brass is luck not to be facing charges of murder or manslaughter." 

Judge: Defence sentencing suggestion not fit. Crown suggestion strikes a better balance. 

SENTENCE - 7.5 years total. Less 6 years pre-trial credit. So, 1.5 years from today. 

POLL: Is a 7.5 year sentence fair in this case.....

                YES: 45% NO should be longer: 50% NO should be shorter: 5% 

Plus supervised probation to follow. Conditions include no booze, domestic/managment/addictions counselling. 

Also, condition not to resume living with wife unless probation officer gives written consent. 

Judge: This provides "one final check" to ensure resuming living with husband is what wife "really wants." 

Judge: "I'm not naive enough to believe happy ending in works...not pessimistic enough to not give it a chance." 

So, Brass has done 3 years. Gets another 18 months from today. Eligible for release 6 months from now. 

Means he could serve as little as 3.5 years total. 4.5 years at most, but almost nobody does full time, especially with no priors. 

Judge, in final words to Brass, tells him not to forget the victims he hurt. "Your responsibility doesn't end here. Just enters new phase."

Inexplicable knife attack left wife with brain damage
A Winnipeg man responsible for an inexplicable knife attack that sent his wife, his cousin and himself to hospital in critical condition has been sentenced to 7 1/2 years in prison.
Larry Brass, 30, received double credit of six years for time already served, reducing his remaining sentence to 18 months.
“The attack was brutal, bloody and the consequences ... devastating,” said Justice Robert Dewar.
Brass previously pleaded guilty to two counts of aggravated assault and one count of obstruction of justice in connection with the May 5, 2007, rampage.
Court heard Brass and his family spent the previous night celebrating his common-law wife’s 28th birthday, during which time Brass consumed alcohol, cocaine and ecstasy.
Brass, his wife and cousin returned to the couple’s Wolever Avenue apartment around 6 a.m.
A short time after going to bed, Brass was heard yelling at his wife and choking her. Brass retrieved a steak knife from the kitchen, returned to the bedroom and stabbed the woman in the face. He then moved to the living room where he stabbed his sleeping cousin in the face, neck and arms.
Brass then returned to the bedroom and stabbed his wife several more times in the face and neck, severing her carotid artery.
Brass’ 12-year-old daughter and 14-year-old sister witnessed the attacks and called 911 after barricading themselves in their room.
Police arrived to find Brass sitting outside the room with serious self-inflicted stab wounds. Court heard he advanced on officers with a knife and was shocked with a Taser.
Brass said he had no explanation for the attack, which left both of his victims suffering permanent and debilitating injuries. Brass’ wife suffered a stroke during surgery and serious brain damage. She has no memory of the attack.
Brass had never been in trouble with the law and was by all accounts a loving husband and father, said his lawyer Greg Hawrysh.
Hawrysh argued Brass appears to have been in a state of “excited delirium” and unaware of his actions.
Court heard Brass and his wife want to renew their relationship after he has finished his sentence.
Dewar sentenced Brass to an additional two years supervised probation, which includes a condition Brass and his wife not live together without the permission of his probation supervisor.

I completely disagree with the 7.5 year sentence. Good thing double time was taken into account so now he only has to serve 1.5 years with 3 years probation, which is much better. Getting tough on crime is not effective!! When will people learn this!! Longer sentences do absolutely nothing to deter or reduce crime. Justice to me, does not mean punishment, revenge or retribution. I think we need to shift our justice system to one based on restorative justice and rehabilitation. 

  

This man had no prior record, was unaware of his actions which were likely caused by drugs and alcohol, was a loving and supportive father and husband, expressed genuine remorse for his actions, and had already spent 3 years in custody. He was also employed in a job where he was helping and counseling youth in the school division. There was no evidence of domestic abuse in the household. I think these are all very relevant mitigating factors, which were not properly considered by this judge. In my opinion, this man should have been released with a 3 year probation order, and no more prison. Really, how is prison going to help this man... It wont. 

This man is an excellent candidate for rehabilitation and could really benefit from counseling, drug and alcohol treatment, and especially from victim-offender mediation with his family, as part of restorative justice. If his wife wants to resume living with him and forgives him and the man shows remorse, I think mediation could be extremely effective for them both to be involved in the justice process where the man could learn how his actions have truly impacted his family and to help repair the harm done and restore their relationships. This man has a family and needs to support them. I DO NOT think prison is suitable for him, as he is not likely a risk to re-offend and is not dangerous. He is a first time offender and should not have been sentenced this harshly. 

Mitigating Factors	Aggravating Factors
Pleaded guilty	Unprovoked stabbing on wife and cousin
Accepted Responsibility for Actions	2 counts of aggravated assault
Intoxicated (Alcohol, Ecstasy, Cocaine)- possibly unaware of his actions	Left wife partially paralyzed and cousin with permanent scarring
Deep remorse (offered tearful apology)
No prior criminal record/never been in trouble with the law previously
Loving husband and father

Former teacher receives more prison time for abuse of children - - Absurd!

Ex-teacher gets more jail for abuse of children

A former Manitoba high school teacher has been ordered to serve another 21 months (1 year, 9 months) in jail after being convicted of physically and sexually abusing his own children.

The 68-year-old man -- who can't be named to protect the identity of his victims – was sentenced Thursday to the additional custody in addition to three years of time already spent behind bars.

The Crown was seeking another five years for the man, while he was asking to be released back into the community immediately. He was also put on probation with conditions not to have any contact with his children, or any child under the age of 16.

All of his crimes occurred in the late 1980s and early 1990s on two Manitoba native reserves but weren't revealed until one of his children went to RCMP in 2002. The girl, then 16, said she feared her father might have given her HIV. Tests later came back negative.

Court of Queen's Bench Justice Colleen Suche found the man guilty of sexually abusing the girl between 1989 and 1993, beginning when she was three years old. He was also convicted of repeatedly assaulting her and her brother during the same period, beginning when the boy was five. The incidents involved beatings and spankings.

The man has two other older boys who claimed they were never assaulted and actually supported their father at trial. However, several former teachers, neighbours and child-welfare officials testified that all four children have displayed extreme "sexualized behaviour" throughout their lives, which included inappropriate incidents towards other children at school and in the community.

They list a number of disturbing incidents including graphic drawings, sexually explicit language, exposing their genitals in the classroom, masturbating in public, as well as frequently running around their home and yard naked.

All of this was occurring while the father was employed as a teacher. His professional career began in 1976. He married the sister of one of his former students. The couple had four children but their relationship was dysfunctional. The mother was deemed to be extremely "low functioning" and battled alcohol abuse which often took her out of the home for long periods, court was told.

Child and Family Services finally intervened in the early 1990s. The four children were ultimately removed from the home and placed in permanent foster care. Their father repeatedly denied any knowledge of why his kids were acting out, claiming there was no inappropriate behaviour in the home.

At one point, he speculated "they must have learned these things from other kids... and from watching the dogs in the community," court was told. RCMP also began an investigation but it ended without charges. It wouldn't be reopened until the girl came forward in 2002 with her claims.

Police finally laid charges in 2005 after another lengthy investigation. The case dragged through the courts before finally going to trial in 2008. It was adjourned on several occasions, finally concluding last November.

The man's children were conflicted to testify against him, with his now 23-year-old daughter often waving and smiling at her father in court while giving damning evidence against him.

Suche rejected the accused's testimony, saying he "lacked credibility" and appeared to have tried to influence his children to change their stories by writing them several letters since his arrest.

I would be interested in knowing any mitigating factors or other information on this man's own background life, which may have contributed to his criminal behaviour. May he himself was abused? It often perpetuates itself through families. Often men who abuse, deep down, don't want to, but they don't know how to control their impulses. They want help, but don't know where to get it. This man may have denied his involvement, because he was so embarrassed and ashamed of what he had done to his own children.

He has already spent 3 years in prison and I do NOT agree with more prison time. 3 years is long enough. What will more prison do? Absolutely nothing. This man should have been given a conditional sentence with intensive treatment and counseling to uncover the underlying issues contributing to his behaviour and to help him manage his sexual impulses, etc.  

Woman pleads guilty to aggravated assault in smashing broken beer bottle across victim's face

Woman pleads guilty to broken beer bottle assault

A Winnipeg woman admitted Monday to using a broken beer bottle to permanently disfigure another female patron inside a suburban city bar.

Jordana Koutecki, 23, pleaded guilty to aggravated assault for the violent October 2006 attack. She was given credit for seven months of time already spent in custody and ordered to serve another six-and-a-half months behind bars under a joint-recommendation from Crown and defence lawyers.

Koutecki already had several previous criminal convictions when she targeted the victim inside Pharaoh's nightclub at the Canad Inns Windsor Park, court was told. She believed the woman had previously assaulted one of her friends and was seeking revenge.

Koutecki smashed the victim across the face with a beer bottle, breaking it. She then used the jagged end to hit the woman a second time, causing a 10-centimetre long cut on her cheek that required 20 stitches and left a large noticeable scar.

The victim also suffered a cut above one of her eyes which caused some nerve damage.

Koutecki fled the bar but went to another club that night, bragging to a friend how she’d "gotten that b*tch," court was told.

This article focuses way too much time talking about the victim and not enough about the offender's previous convictions, background life and mitigating factors.

UPDATE: I was informed of the specific previous convictions that this woman had; uttering threats, theft under $5000, possession of goods obtained by crime x 4, dangerous driving and breaching court orders x 4. She also had an "unremarkable" background and there was no mention in court of any mitigating or contributing life factors leading to this crime.

Beer bottle attacker jailed
A Winnipeg woman who disfigured another woman with a broken beer bottle has been sentenced to 21 months in jail.
Jordana Koutecki, 23, pleaded guilty to one count of aggravated assault.
Court heard she was at Pharoah’s nightclub on March 9, 2006, when the victim — a woman Koutecki claimed had assaulted one of her friends — threw a glass at her head. Koutecki hit the woman in the head with a beer bottle, breaking it, and then hit her a second time with the jagged end of the bottle.
The victim has been left visibly scarred and suffered minor nerve damage to her eye, said Crown attorney Scott Cooper.
Justice Colleen Suche credited Koutecki the double-time equivalent of 14 1/2 months time served, reducing her remaining sentence to 6 1/2 months.

Just because this woman has previous convictions, does not mean anything. Just because we know she has previous convictions, does not necessarily mean she is any more dangerous or somehow deserves more punishment.  All of her previous convictions are unrelated to her current offence.

I don't agree with incarceration in this case. I would have sentenced her to a conditional sentence or probation because she has already served 7 months in remand custody which I feel is enough, along with anger management programs, and victim-offender mediation so she could understand the consequences of her actions and how the victim was affected, if of course the victim agreed to it. "Short stints" of incarceration have been proven to be ineffective in the majority of cases. I believe that we need to address the underlying root causes of crime and deal with those as opposed to the quick fix of punishment, which will not help this woman in the long run and which is not a long term solution.

Since this incident occurred at a bar, I am guessing that alcohol was likely involved, which would be a mitigating factor. When people are impaired, they overreact and are unpredictable. Perhaps substance abuse counseling could also be beneficial to this woman. 

Many will say that this type of sentence does not provide justice for the victim. But currently, our justice system which is based on punishment and retributive justice, is quite frankly, not going to sentence offenders to a term which emotional victims feel is appropriate. The only system where victims and offenders are both involved in the process, is that of restorative justice. Victim offender mediation has been proven very effective and satisfying for victims especially as they CAN be involved and they can express their feelings towards the offender and learn why the offender committed this crime against them. Victims have expressed in studies that they felt more at peace after participating in mediation than simply by incarcerating the offender.

Here is a chart I made of the mitigating and aggravating circumstances: 

Mitigating Factors	Aggravating Factors
Young (age 23)	Previous criminal record (uttering threats, dangerous driving, possession of goods obtained by crime, breach of court orders, theft under $5000)
Pleaded guilty	Violence, charge of aggravated assault
Likely triggered by alcohol; impaired judgment and unpredictable nature	Believed the victim assaulted a friend; seeking revenge
Already served 7 mos. in remand custody