Sentencing for woman who accidentally killed two-- gets suspended sentence

Sentencing of woman who killed two pedestrians in 2008 downtown Winnipeg crash

Driver who accidentally killed two, gets suspended sentence and banned from driving for 10 years

A Winnipeg woman offered a tearful apology Friday to the families of two pedestrians she killed a horrific downtown crash.

Lucy Muthoka, 52, was handed a two-year suspended sentence with probation after pleading guilty to dangerous driving causing death for the June 2008 incident near the intersection of Donald Street and St. Mary Avenue in downtown Winnipeg.

William Halcrow, 57, and James Ross, 58, were killed instantly after being hit by Muthoka’s Subaru Forester. The two friends were from the Cross Lake reserve in northern Manitoba and were in Winnipeg for medical treatment.

"God being my witness, I never intended to harm. Words fail to express how sorry I am," Muthoka told a large courtroom gathering which included family and friends of the two men. "I am more sorry than the world will understand. I will continue to pray for the healing of everyone affected by this. May God meet the needs of everyone whose lives were changed."

Crown attorney Zane Tessler said Muthoka was an inexperienced driver who had just completed five refresher courses after purchasing a new car. While exiting a downtown parkade, she somehow hit the gas pedal instead of her brake and accelerated rapidly, striking several vehicles and people at the crowded intersection during rush-hour traffic.

Muthoka also hit a fire hydrant, which caused hundreds of litres of water to quickly flood the area. That hampered the police investigation because it was difficult to re-create the scene and figure out the sequence of events.

Several bystanders who witnessed the crash - and narrowly avoided being hit - tried frantically to revive the two gravely injured men, as did firefighters and paramedics upon arrival. A third man was pinned between two cars and suffered serious injuries, as did the drivers of two other vehicles.

"The degree of resulting carnage was substantial," said Tessler. Muthoka wasn’t intoxicated or distracted by anything such as a cellular phone or texting, court was told. It was a "perfect summer day" with clear skies and dry roads.

Muthoka has no prior criminal record and is a devoutly religious single mother who has spent the past decade working for Agriculture Canada. She is originally from Kenya and serves as an elder within the local community, along with being heavily involved in her church. More than 30 people filed glowing letters of support on her behalf.

"Her sense of guilt is enormous," said defence lawyer Saul Simmonds. "This is a decent, honest, hardworking person. It’s the nightmare for everyone who gets behind the wheel."

The families of both victims made emotional impact statements in court, describing how both men were loved and respected by their community.

"The pain of loss is excruciating," said Ross’ sister, Betty. "To lose someone in such a sudden, unexpected and inhumane way."

The sentencing judge said this case was especially difficult given the tragic circumstances, Muthoka’s obvious lack of intent and her glowing background. He said no punishment can undo the damage caused or bring the victims back.

He ordered Muthoka to perform 240 hours of community service work and banned her from driving for a 10-year period. Muthoka also expressed a desire to meet with the families of the victims and make a charitable donation on their behalf, if they wished, letter of apology and mediation. 

No jail for killer Winnipeg driver 
A Winnipeg woman who killed two Manitoba men in a devastating crash more than two years ago will not go to jail for her dangerous driving.
Lucy Muthoka, 53, was handed a suspended sentence and two years of probation Friday in the deaths of William Halcrow, 57, and James Ross, 58, on the evening of June 25, 2008.
The two friends were killed after being struck by an erratically driven Subaru Forester near the corner of Donald Street and St. Mary Avenue. They were in Winnipeg from their home community of Cross Lake to attend medical appointments.
After a prolonged police investigation, Muthoka, the Subaru's driver, was arrested and charged with two counts of criminal negligence causing death on Dec. 11, 2008.
The Crown stayed the more serious charges in exchange for her guilty pleas to dangerous driving causing death.

'It's like getting kicked some more when you already suffered.'—Marlene Castel

The conditions of Muthoka's probation include performing 240 hours of community service work, writing a letter of apology to the families of the victims and the community of Cross Lake and participating in mediation with the families if they request it in the future.
She is forbidden from driving in Canada for the next 10 years.
She walked out of court at about 2:30 p.m. CT after signing her probation order.

Sudden acceleration

Muthoka was coming out of the Millennium Library's parkade when her car suddenly accelerated, according to a brief summary of the Crown's facts of the case told to provincial court Judge Brent Stewart.
She slammed into a truck, swerved across a street and struck the two men, who died at the scene despite efforts by paramedics and passersby to save their lives.
Another man, David Matsubara, was injured, but survived.
Halcrow and Ross's families travelled to Winnipeg to attend Friday's sentencing hearing. Members of each family admitted being disappointed at the sentence Muthoka was given.

'It was lenient for her but not lenient for us.'—Betty Ross

"It's like getting kicked some more when you already suffered. There's no words I could use except that I'm very disappointed," said Marlene Castel, Halcrow's sister.
Ross's sister, Betty Ross, told CBC News that it appeared all efforts were being made during the court hearing to shield Muthoka from punishment.
"It almost felt that everybody was cushioning her, and that they were lifting her up and of course, the judge took that," Ross said.
"Sure enough, it was lenient for her but not lenient for us."
At a prior hearing, court heard that Muthoka had been sent threatening notes about the deadly crash. The nature of the notes was not revealed in court.
Muthoka spoke in court and apologized for what happened, but the victims' families said they were upset she didn't look at them while saying she was sorry.


Pretty biased headline CBC. This woman did not kill anybody intentionally. It was a complete accident which could have happened to anybody. Labeling her as a "killer" is really inappropriate. Plus, saying "no jail" makes it appear as if that type of sentence was expected. This woman has to live with the details of this horrific tragedy for the rest of her life and expresses sincere remorse. I think that is enough punishment. Prison for this woman would be considered cruel and would serve no purpose.  

Her sense of guilt is enormous-- driver pleads guilty to killing two men 
An inexperienced Winnipeg driver who accidentally hit the gas pedal instead of her brake offered a tearful apology to the families of two pedestrians she killed in a chaotic downtown crash.
Lucy Muthoka, 52, was handed a two-year suspended sentence with probation Friday after pleading guilty to dangerous driving causing death for the June 2008 incident near the intersection of Donald Street and St. Mary Avenue.
William Halcrow, 57, and James Ross, 58, were killed instantly after being hit by Muthoka's Subaru Forester. The two friends were from the Cross Lake reserve in northern Manitoba and were in Winnipeg for medical treatment.
"God being my witness, I never intended to harm. Words fail to express how sorry I am," a tearful Muthoka told a large courtroom gathering, which included family and friends of the two men. "I am more sorry than the world will understand. I will continue to pray for the healing of everyone affected by this. May God meet the needs of everyone whose lives were changed."
Crown attorney Zane Tessler said Muthoka was an "infrequent" driver who had just completed five refresher courses after purchasing a new car. She had placed a "novice driver" warning sign at the back of the vehicle.
Her driving instructor later told police she wouldn't have had the skills to pass a driving test following her first lesson, but likely would have following completion of the course.
While exiting the Millennium Library parkade just after 4:30 p.m., Muthoka suddenly accelerated rapidly, striking several vehicles and people at the crowded intersection during rush-hour traffic. Muthoka also went up on the sidewalk and hit a fire hydrant, which caused hundreds of litres of water to quickly flood the area. That hampered the police investigation because it was difficult to recreate the scene and figure out the sequence of events.
Several witnesses -- who narrowly avoided being hit -- tried frantically to revive the two gravely injured men lying in the rapidly rising waters, as did firefighters and paramedics. A third man was pinned between two cars and suffered serious injuries, as did the drivers of two other vehicles.
"The degree of resulting carnage was substantial," Tessler said.
Muthoka wasn't intoxicated or distracted by anything such as a cellular phone, court was told. It was a "perfect summer day" with clear skies and dry roads.
Muthoka had no criminal record and is a religious single mother who has spent the past decade working for Agriculture Canada.
She is originally from Kenya and serves as an elder within the local community. More than 30 people filed letters of support on her behalf.
"Her sense of guilt is enormous," defence lawyer Saul Simmonds said. "She goes to sleep at night praying for Mr. Ross and Mr. Halcrow and their families. She wakes up praying for them. This is a decent, honest, hard-working person. It's the nightmare for everyone who gets behind the wheel."
The families of both victims made emotional impact statements in court, describing how both men were loved and respected by their community. They were joined by the Cross Lake chief and council members.
"The pain of loss is excruciating," said Ross' sister, Betty. "To lose someone in such a sudden, unexpected and inhumane way."
Provincial court Judge Brent Stewart said the case was especially difficult given the tragic circumstances, Muthoka's obvious lack of intent and her glowing background. He said no punishment can undo the damage caused or bring the victims back.
"This is not a court of vengeance," said Stewart. Outside court, several family members expressed anger at the suspended sentence and questioned the sincerity of Muthoka's apology.
As part of her penalty, Stewart ordered Muthoka to perform 240 hours of community service and banned her from driving for a 10-year period.
Muthoka also expressed a desire to meet with the families of the victims and make a charitable donation on their behalf, if they wished.

I completely agree with the sentence of this woman. Prison should only be implemented for the most dangerous individuals and this woman, does not appear to pose a great risk to the community. This killing was an accident, not intentional. How would prison help her? What purpose would that serve? None. It is a negative environment with pro criminal attitudes and values and the prison subculture would likely have a negative impact on this woman's life. Plus, most prisoners are released with little assistance, support, guidance, rehabilitation, no housing or employment and often resort back to crime or end up living in poverty. That is not acceptable. 

This woman offered a tearful apology which clearly shows that she feels remorse for the consequences of her actions. She clearly feels absolutely horrible for what happened, and she will have to live with the fact that she killed two people for the rest of her life. That is enough punishment. Prison is not needed and would only cause more harm to her psychological well being. Hitting the gas pedal instead of the brake, is an honest mistake which could happen to any new driver. She had no intention to harm those individuals. This woman has no prior criminal record and is a single mother. She needs to be able to provide for her children and prison would hamper that. Studies show that children without parents and living in foster care are more likely to become delinquent or antisocial as they have little attachment to their parents, especially if their mother is in prison. That would not help her family situation at all and would set her children up for failure and possibly later crime. I believe this woman is a decent and hard working individual who made an honest and horrific/tragic mistake. She even wants to meet with the families and make a donation on their behalf. That shows the compassion and kindness of this woman's heart. It was a horrible accident and she feels extreme remorse and guilt for what happened. Punishment would be unnecessary and harsh. This woman's needs the public's sympathy. She had no intent whatsoever. It was an accident and she is paying for it in her soul. She stepped on the wrong pedal by mistake. There is no way you could send this woman to jail as there was no intent on doing anything incriminating with her vehicle. She was not driving recklessly, intentionally speeding, blowing through stop signs, etc. 

She was following the rules of the road and put her foot on the wrong pedal by mistake. Anyone who advocates for prison time is unreasonably harsh, vengeful and unsympathetic. This woman is devoutly religious, a church leader, with n prior criminal record who accidentally hit the gas pedal instead of the brake. She just came out of a parking garage, accelerated by accident and smashed into cars and people. Horrible accident. 2 pedestrians were killed instantly, and another man pinned between two cars. 

I think we all need to step back and try to understand this was an accident. This could happen to ANYONE! I for one would be horrified if I ever caused something like this and I think we need to remember "there but for the grace of god go I" I feel terrible for everyone involved. So sad.

I am seriously saddened to see some of these remarks. The article clearly stated she was an unexperienced driver that had recently taken a refresher course. She may have gotten her licence 15 years ago and hasn't really driven since.
She is obviously distraught and appears to be a hardworking, charitable woman.
I'd hate to see my fellow winnipegers stand in judgement of me if I were to make a mistake. It appears that everyone should go to jail for everything when you read these boards.

Wow you people are so unsympathetic. There was no intent by this woman whatsoever. It was a frak accident. She is paying for it inside her soul. I can't imagine the guilt of killing two people when all you were trying to do was exit a parkade. she stepped on the wrong pedal by mistake.

My question is if she was such a bad or inexperienced driver, how did she pass her road test? There lies the problem in this case. It's the womans fault but indirectly only. There is no way you can send this person to jail for vechiular manslaughter as there was no intent on doing anything incriminating with her vechicle. She was not driving recklessly-and by that I mean intentionally speeding, blowing stop signs etc. she was following the rules of the road and put her foot on the wrong pedal by mistake. Enough said. Jail time, give me a break      


There are two reasons to put people in jail:

#1 - to keep dangerous criminals from harming society. This was an accident, regardless of whether the woman was a poor driver or whether it was a genuine accident. Taking her license away for ten years (and the obvious emotional guilt she has) is enough to keep her from harming others; and

#2 - to serve as a warning to others that this kind of action isn't acceptable. I don't know about the rest of you, but whether this woman is put behind bars for 25 years, or whether she walks free, it doesn't stop me from either having an automobile accident, nor does it stop inexperienced drivers.

Our justice system is flooded with criminals, so putting her in jail takes a bed away from real repeat offenders that continually disobey our laws. This woman did something awful, and she has to live with that for the rest of her life. I don't even agree with jail time when it's drinking and driving from a remorseful person, let alone just an inexperienced driver.

Keep this woman off the road, let her do the community service, that in itself is enough punishment and will do the best for society. Putting her in jail will not bring the dead back, nor will teach her or anyone else a lesson not to have an auto accident.

It's very unfortunate, but accidents happen.

in this case, people shouldn't judge her. It could happen to ANY ONE OF US.


This was an accident which could have happened to anybody. Anyone can make the mistake of hitting the gas pedal instead of the brake. It's tragic that two individuals were killed, but we have to understand that this killing was completely unintentional. This woman had no intention to harm or kill anybody and therefore, should not be punished. I am saddened and shocked to read the many vengeful, and unsympathetic comments towards this woman. She is obviously distraught, expressed genuine remorse, has no prior criminal record, is a single mother, religious, charitable and hardworking woman. It appears that everyone should go to jail for everything when you read these comments. How can we be so unsympathetic? 

This tragic killing of two individuals, was a complete accident which could have happened to anybody. This woman hit the gas pedal instead of the brake. She had no intention to harm or kill anyone. This was an unintentional killing. I am saddened to read the many vengeful and unsympathetic comments towards this woman by the public. She is obviously distraught, expressed genuine remorse, has no prior criminal record, is a single mother and a religious, hard working and charitable woman who now has to live with extreme guilt over what happened for the rest of her life. That is enough punishment.

 

Mother in custody after two children stabbed in Winnipeg

Mother in custody after two children stabbed

A 35-year old mother remains in custody after an attack that sent her four-month old baby and nine-year-old son to hospital in critical condition.

Police said both children were stabbed in the stomach, with a source adding the infant suffered the most extensive wounds. Their condition has since been updated to stable.

The Free Press has learned the 35-year-old mother has recently been suffering from post-partum depression. Police, who had to use a translator to interview the woman Thursday night, are investigating what, if any, role that condition or any other possible mental-health issue may have played.

"Any time a stab wound happens to a four-month-old, no matter how superficial to an adult, that would be critical," Winnipeg police Staff Sgt. Andrew Smith told reporters at the scene.

The 33-year-old female victim, the sister of the woman arrested, is listed in stable condition, reportedly from a stab wound to the chest. She was stabbed while trying to protect the children, a source said.

Sources say the mother was the one who called police just after 5 p.m. Thursday. She allegedly left her apartment and calmly waited in the lobby for police to arrive.

The woman was led to a police car, her hands cuffed behind her back. She was wearing a long yellow dress and appeared to have a white gown covering part of her body.

The woman has no prior criminal record, but was taken to hospital by ambulance on Feb. 19, according to a source. She had given birth just a few weeks earlier and was report­edly suffering from post-partum depression. It's not known how long she was hospitalized or what kind of treatment she received.

The attacks created a chaotic rush-hour scene downtown, with more than a dozen police cars, ambulances and first responders converging outside the Manitoba Housing highrise complex at 355 Kennedy St., between Ellice Avenue and Qu'Appelle Avenue.

The incident occurred one block from Central Park, a neighbourhood that is home to many refugees and immigrants. Sources say the mother is originally from Africa, although it's unknown how long she has been in Canada.

Police told reporters at the scene Thursday the incident is believed to be domestic in nature. Smith con­firmed a female suspect had been arrested but didn't provide further details.

Kennedy Street is often crowded on warm evenings with many of the residents who live in the building and other units in the neighbour­hood. But the street was eerily quiet and deserted Thursday night.

A Winnipeg Police Service identi­fication officer could be seen through the large main-floor windows taking photographs in the building lobby. Several Manitoba Housing security guards were also on scene.

Police are expected to release further details at a news conference Friday morning.

Winnipeg mother charged with stabbing two children
A Winnipeg woman has been charged with three counts of attempted murder after her two young sons — a nine-year-old and a four-month-old — and her sister were stabbed.
The children were taken to hospital in critical condition Thursday with wounds to their upper bodies but have since been upgraded to stable, police said.

The 32-year-old sister of the woman was also stabbed as she tried to intervene, but was treated in hospital and released. The sister's four-month-old daughter was not injured, said Const. Jason Michalyshen.
The nine-year-old boy fled the suite in a downtown housing complex after being injured and notified security at the apartment, who then contacted emergency services, police said.
The 35-year-old mother was arrested shortly after the incident, which happened around 5:30 p.m. Thursday at the housing complex at 355 Kennedy St.
Police had to use a translator to interview the mother, who is originally from Africa, Michalyshen said. Neighbours told CBC News the family had moved to Winnipeg from Somalia four years ago.
The Winnipeg Free Press quotes unnamed sources as saying the mother had recently been suffering from postpartum depression.
The woman has also been charged with assault with a weapon and assault. She is in custody at the Provincial Remand Centre.
The children have been placed in the care of the provincial government's Child and Family Services agency.

Immigrants face challenges

People who work with newcomers say there can be stressful challenges for people who come to Canada.
There can be a sense of isolation for people because of language and cultural differences, said Noelle De Pape, executive director of the Immigrant and Refugee Community Organization of Manitoba, which offers transitional housing and social services to new Canadians.

While there are many support programs available, people need to be made aware of them and take advantage, she said.
People who have gone through refugee camps may not know how to access help, she added.
"We end up dealing with many issues that are at a crisis point with very expensive front-line services like police and hospital, but we need to focus on prevention and supporting families and their children," De Pape said.
She also noted the location of Thursday's stabbing "is right in the heart of … the newcomer service community, near Central Park."

This woman should be granted bail. She is suffering from depression and is a new immigrant, and prison will likely worsen her condition. I do not believe she is a danger to the public as she has no prior criminal record. 

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.  

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

  

Female teen sentenced to 4 years prison for role in attack

Vicious assault- teen gets 4 years for role in attack sparked by noise complaint

A Winnipeg teen has been sentenced to four years in prison after a complaint about noise ended in the vicious assault of a 38-year-old woman.

Ashley Clissold, 19, pleaded guilty to aggravated assault in connection with the May 2, 2009 attack.

Court heard Clissold and others were causing a commotion outside a Ross Avenue house when the victim’s daughter — concerned the noise would awaken her baby daughter — exited the house and yelled at them to be quiet. Clissold responded with a gang threat and ran to a Pacific Avenue home where she enlisted the aid of a male accused and two male youths.

The mob ran back to the house where the adult male smashed a window and yelled “Central,” identifying himself as a member of the inner-city street gang.

The victim, who knew where the man lived, exited the house with the intention of speaking to his parents but was immediately set upon by the mob and knocked to the ground, said Crown attorney Mark Lafreniere.

Clissold continued to kick and punch the victim about the head and body as she lay on the ground, Lafreniere said.

The woman was taken to the hospital suffering a broken jaw, fractured cheekbone and two broken fingers.

Defence lawyer Kathy Bueti blamed her client’s actions on her “out of control” drinking.

“Everything is tied to substance-abuse issues,” Bueti said.

At the time of the attack, Clissold was out on bail on a robbery charge. Clissold and a female youth kicked and punched a young woman as she walked along Bannatyne Avenue and tried to rob her of her purse. Clissold was sentenced Tuesday to an additional six months in custody for that offence.

Judge Ray Wyant credited Clissold the double-time equivalent of 15 months time served, reducing her remaining sentence to 39 months.

This article is very vague. I would have liked to have known more about the teen's background life and more about her substance abuse issues. The article is very biased towards the Crown and did not mention any mitigating factors for the accused.

I definitely do not agree with this sentence. I feel that female and teen offenders, can best be served through rehabilitation as opposed to punishment. Yes, this was a violent offence, but who knows what this teen's childhood life, social or economic conditions may have been like. I feel that she could be best served through substance abuse treatment, counseling to uncover the root causes of her behaviour and anger management programs. 

If I were the Judge, I would have sentenced her to a 2 year conditional sentence. I would have ordered her to have take part in gang desistance programs, employment training and assistance, anger management programs, counseling and substance abuse treatment, in order for her to get her life turned around and improve herself for the better, to live a productive life once again.   

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. 

Thief evades prison

Thief evades prison

A Winnipeg woman who admitted stealing $240,000 from her former employer has been granted a two-year conditional sentence.

Karen Denbow, 46, pleaded guilty Wednesday to one count of theft over $5,000.

Denbow stole the money while employed as an administrative assistant with VitalAire Canada between 1995 and 2002.

Court heard Denbow deposited customer cheques into petty cash accounts and then wrote cheques to herself and various city merchants.

“The stress of this particular situation has been enormous,” said defence lawyer Sheldon Pinx, noting Denbow lost her marriage and her house because of her actions.

VitalAire didn’t report Denbow to police until 2005, after winning a $370,000 civil judgment against her.

Denbow wasn’t charged criminally until 2007. Because banks don’t retain their records longer than seven years, the Crown was limited in what it could prove Denbow stole, said prosecutor Steve Johnston.

“Had we gone to trial, I don’t know that we would have been able to prove the full $240,000,” Johnston said. “We would have pursued this differently, had the case been less stale ... She could easily go to the penitentiary, but because of the circumstances we have decided to go a different avenue.”

Denbow has repaid more than $100,000 to VitalAire’s insurance company. Court heard Denbow has agreed to pay another $25,000 to settle her debt.

Judge Ray Wyant called Denbow’s actions “planned, premeditated and organized.”

“Even with repayment, there is likely money that will never be returned and you benefited from that,” Wyant said.

I agree with this sentence in that the woman has had enough stress, such as losing her marriage and home, and doesn't need the added stress along with damaging effects of being in prison. It's also good to see that she has paid back a lot of the money already and I think a conditional sentence is appropriate. 

Edmonton drug driver jailed

Drug driver jailed

A 21-year-old crystal meth addict who fled in a stolen car with the owner hanging out the window and then knocked her off before running over her leg has been put behind bars.

Briana Lee Shields was sentenced to four years in prison Wednesday after pleading guilty in provincial court to theft, robbery and failing to stop at an accident scene.

“The victim was injured and crying for help and you simply drove away,” said Judge Donna Valgardson, adding it was fortunate the victim wasn’t more seriously hurt.

Crown prosecutor Dennis Chronopoulos told court the Dec. 17 “carjacking” happened after Bertha Letendre parked her Honda Civic in the area of 111 Avenue and 149 Street and went to attend a yoga class.

While Letendre was in the class, Shields smashed the passenger side window of the car and fled with a stolen bag.

She then discovered the keys to the Honda were in the bag and returned to steal the vehicle, said Chronopoulos.

Meanwhile, Letendre had come out and found the smashed window and returned to the yoga studio to grab a broom and dustpan. Then, as she came out again, she saw Shields in the driver’s seat with the engine running.

Letendre ran over and jumped partially inside the Honda through the smashed passenger window as it was reversing and tried to put the car into park, said Chronopoulos.

Shields punched Letendre in the face multiple times and, as the car owner was hanging from the vehicle, she drove into a concrete barrier on the passenger side and knocked the woman off so she landed partially under the Honda.

Shields then drove over the woman’s left leg and fled. Fortunately, due to the car’s position on the curb, the full weight of the vehicle did not land on the leg, court heard.

Police were able to track the vehicle to a nearby apartment building, where they located and arrested Shields.

A strong smell of bleach was noticed both in the vehicle and in the apartment and a panicked Shields admitted trying to remove evidence of her being involved.

Court heard Letendre suffered a 30-cm abrasion and bruising to her leg as well as a swollen and bruised right eye.

Shields also admitted being involved in stealing a pickup truck, breaking into a new Sheriff’s office in Whitecourt and making off with $26,000 worth of tools and equipment on Feb. 12, 2009, while she was high on speed.

Defence lawyer Marshall Gourlay told court Shields had been suffering from a drug addiction to crystal meth.

Shields, the mother of a three-year-old girl, tearfully apologized to the carjacking victim and to her father, who was present in court, and promised to seek drug treatment.

Shields was given six months’ credit for time spent in pre-trial custody, leaving her with 3 1/2 years to serve.

She was also ordered to submit a DNA sample for the national DNA databank in Ottawa, banned from driving for one year following her release and ordered to pay $4,952 in restitution.

What this woman did was horrible and violent, but I recognize that she is extremely remorseful, is a mother to a 3 year old child and suffers from a drug addiction. I don't believe that federal prison could help her in any way. I would have sentenced her to 2 years less a day (provincial prison) to express denunciation and specific deterrence along with 3 years supervised probation and the 1 year driving prohibition. She should have to take drug counseling as well. 

Carjacker sent to 4 years in prison

Carjacker who traumatized family gets 4 years

A woman has been sentenced to four years in prison for a carjacking that traumatized three generations of one family.

Jamie Zebrasky, 33, was still on parole for robbery and break and enter charges when she confronted an 86-year-old man, his 60-year-old daughter and her 27-year-old son in the parking lot of Polo Park mall on July 12, 2009.

Court heard she threatened the victims with an imitation handgun and demanded money before forcing them into the car and ordering them to drive her to a service station on Keewatin Street.

When the female victim said she was unable to drive due to a foot injury, Zebrasky said she would “pop her” if she didn’t co-operate, Crown attorney Lisa Cupples told court.

The younger male victim drove the car to the service station, where Zebrasky robbed the trio of $300 and exited the vehicle. She told the victims “if it wasn’t for the 86-year-old man she would have taken the vehicle too,” Cupples said.

Zebrasky wasn’t arrested for the carjacking until a month later, when she was arrested driving in a stolen car. While in custody on that charge, an informant identified Zebrasky’s daughter as a suspect in the carjacking.

When questioned about the incident, the daughter told police Zebrasky came home with a large amount of cash and a story about robbing a family at gunpoint.

Cupples said the 60-year-old victim was asked to provide a victim impact statement to the court, but she is “terrified ... and didn’t want anything to do with this proceeding.”

All three victims “have complete fear of her to this day.”

Zebrasky spent the stolen money on groceries, said defence lawyer Ted Mariash.

“This wasn’t done for drugs,” he said. “It was done for her family. She acknowledges that doesn’t make it right.” Zebrasky pleaded guilty to robbery with an imitation firearm, kidnapping and possession of goods obtained by crime. That last charge is in connection with her arrest in the stolen car.

Judge Marvin Garfinkel gave Zebrasky double credit of one year for time served and ordered her to serve an additional nine months on the stolen car charge.

I think that the circumstances of why this woman committed this act, should be examined. She bought groceries with the stolen money, not drugs or alcohol. This shows that she may have been living in poverty and was just doing what she needed to, to survive and help her family survive. Her motives are different than those who would rob an individual with intent to harm them or to obtain drugs to harbor an addiction. I feel that 4 years is too harsh considering the circumstances. She will be serving her time in Edmonton, in the federal prison for women and will be separated from family and friends, which is very hard. I believe that she should have been sentenced to only 2 years less a day with some probation, maybe 1-2 years. 

Woman sentenced in stabbing to 5 and a half years prison

Woman sentenced for stabbing victim in heart 

- Cecilia Roulette likely would have been facing a murder charge had she plunged the knife a little deeper or a little more to one side.

Remarkably, the woman she attacked survived a single stab wound to her heart.

- Roulette was messed up on booze and valium and had no memory of the February 2009 incident outside a Main Street hotel. It was only after the victim and other witnesses described the attack at a preliminary hearing last year that Roulette knew what she had done and agreed to plead guilty to aggravated assault, court was told Friday.

- “I’d like to say I’m very sorry and I deserve what I get,” Roulette, 47, told Judge Ray Wyant.

- Wyant sentenced Roulette to 5 1/2 years in prison, minus double-time credit of two years for time served.

- Court heard the 29-year-old victim and another woman had been ejected from the Woodbine Hotel bar and were fighting outside when Roulette overheard the victim make a threatening comment naming a local street gang. Roulette pulled a balaclava over her face, waved a knife at the victim and then stabbed her once in the heart before “calmly” walking away.

- When police arrested her a short time later, Roulette claimed the victim was a crack dealer who sold drugs to children.

- “I did the neighbourhood a favour,” she told police. “I hope I got her in the heart. I hope I f------ killed her.”

- It was agreed in court that the two women did not know each other.

- The victim spent four days in hospital and had to be revived repeatedly, said Crown attorney Scott Cooper, who recommended Roulette be sentenced to eight years in prison.

- “It’s hard to imagine conduct that needs to be denounced more,” Cooper said.

- Roulette’s criminal record spans her entire adult life and includes multiple convictions for violence. Wyant outlined a personal history he called “tragic in the extreme,” including years of extreme poverty, physical and sexual abuse, incest and alcoholism.

- When they were children, Roulette and her siblings were abandoned for months at a time while their mother left their first nation home to live with her boyfriend in Winnipeg.

- “It is completely intolerable that in a civilized society this kind of existence takes place,” he said.

- Wyant said he believed Roulette has reached “a turning point” in her life “but that chapter has yet to be written.”

I think this sentence is too harsh. People dont understand that prison is not effective and does not deter crime or reduce crime. We need to focus on the causes of crime and try to change that. This woman was subject to poverty, abuse and alcoholism and neglect and abandonment, which likely could have caused such behaviour. I agree that this type of behaviour needs to be denounced and is serious and she does have a violent and lengthy criminal record, but we also need to consider rehabilitation and in this case, I believe it is possible. 

I think she should have been sentenced to only 2 years less a day in prison, so she could serve it in a provincial prison in Manitoba rather than being sent to Edmonton where she will have no family or friend support. She also should have gotten 3 years probation following the prison. This, I would argue, is a more appropriate sentence. She needs to attend counseling and treatment for possible behaviour and psychological problems and anger management programs.  

Woman claims she was forced to break the law

From singer to bank robber; woman claims she was forced to break the law

- She aspired to become a singing star in her home country of Belize, releasing her first CD at the age of 19 with the promise of more to come.

- "I love you," a tearful Emelda Marie Cuddy said to more than 30 supporters who filled a provincial court Wednesday for her emotionally charged sentencing hearing. Cuddy, 26, blew a kiss to everyone as she was led away in handcuffs to begin serving a four-and-a-half year prison term.

- Cuddy was arrested in December 2007 while trying to cross the U.S. border in Pembina while on her way to see a Green Bay Packers football game. A search revealed an outstanding warrant for her arrest based on an ongoing police investigation.

- She admits she was the woman behind the mask who held up six credit unions in Winnipeg between July and December 2007. Although she was never seen to have a weapon, Cuddy would threaten bank staff with violence -- in one case claiming she would return to kill a pregnant teller if her demands weren't complied with, court was told.

- Received more than $35,000 in cash during the robberies. There were no physical injuries.

- Once-promising life took a troubling turn when she began hanging out at several Winnipeg bars and "got caught up with the wrong crowd." He told court she met several people who had ties to the gang and criminal underworld and may have "pressured" Cuddy into committing crimes.

- In her final robbery, bank staff observed Cuddy crying as she stood in line, waiting to be called to the counter where she would produce a threatening note demanding cash.

- "I don't want to do this," she sobbed to her victim.

- Experimenting with drugs but was not committing crimes to feed an addiction

- She has now been ordered to repay all of the stolen money. No explanation was given to court about where it ended up.

- Cuddy is a Canadian citizen who has been in the country for many years and previously studied business administration at Brandon University.

- She also used to work in a bank as a teller, which gave her inside knowledge she applied when planning her robberies

- Cuddy went by the name of Marie Reimer when she released her first CD, called Maria, in 2003.

- Cuddy predicted big things for her career in a Belize TV interview. 

- She chose the name Maria because it is a name that could go both ways, whether she decided to make Spanish music or English.

- "You can still be a productive, contributing member of society," Finlayson said. "But today, you must pay for the crimes you committed."

I believe that this is one of those cases where the defendant did not rob the banks to support a drug addiction or because she wanted to harm anybody. She had a different type of intent than most criminals and that should be considered. She had no previous record, expressed extreme and sincere remorse, was under financial pressures and became associated with the "wrong people" who did drugs. This woman promised to never re-offend and I think that she realizes the harm she has caused to the victims of the robberies and I believe her. 

I don't agree with this woman's sentence of 4 and a half years. I feel that prison should be reserved for those people are dangerous and violent and who have a high to moderate risk of re-offending. I dont believe that this woman fits any of these criteria. She committed the bank robberies for different reasons than most other criminals would and I dont believe that prison will help her, but could possibly harm her. She will have to be sent to Edmonton Women's Prison where she is far from her family and friends and is immersed in pro-criminal attitudes, values and behaviours of the women in prison.

I believe that this woman should have received a 2 year conditional sentence combined with a fine with conditions of abstaining from drugs/alcohol, not going to banks, etc. I believe she can be rehabilitated and that serving her time in the community would help her to become a better person and to truly take responsibility for her actions. She made a mistake by becoming involved with the wrong crowd and had and still has a big future and dreams that she should be allowed to pursue. 

This sentence is NOT appropriate, in my opinon and is far too harsh for this woman.   

This is the comment I posted on the Winnipeg Free Press: I completely disagree with this sentence.

This woman did not possess the intent that most criminals do, when they rob a bank. She didn't want to do it, but was under financial pressures and was influenced by the "wrong group of people."

She has no previous record, expressed sincere and extreme remorse and just made a mistake by becoming associated and involved with the "wrong group of people" who did drugs and who may have pressured her into committing these crimes.

I believe she truly realizes the harm she has caused these victims.

I feel that prison should be reserved for those people are dangerous and violent and who have a high to moderate risk of re-offending. I don't believe that this woman fits any of these criteria. I think prison could harm her rather than help her.

I think she should have gotten a conditional sentence because I support rehabilitation and believe that this woman just made a mistake and will not re-offend.