A 16-year-old boy who attacked a friend with a metal bar and also threatened to kill the friend with a knife will serve his sentence in the community under strict conditions.
The boy — who can’t be named under the Youth Criminal Justice Act — appeared in Moose Jaw provincial court on Sept. 4 to receive his sentence.
The teenager had already pleaded guilty to 11 offences during a previous court appearance, including to two counts of theft under $5,000, five counts of refusing to comply with a youth sentence order, two counts of being unlawfully at large, one count for uttering a threat, and one count with assault with a weapon.
Judge Brian Hendrickson agreed with the joint submission from the Crown and defence that the 16-year-old should receive a four-month deferred custody, followed by eight months of probation. A deferred custody means youths serve their sentence in the community following rigid guidelines. If they breach those guidelines, the youths can be put in jail.
The boy will have to keep the peace and be of good behaviour. He also faces many restrictions, such as not owning or possessing weapons, ammunition or explosives; following a curfew from 10 p.m. to 7 a.m.; not consuming or possessing drugs or alcohol, or being in a place that sells those items; participating in treatment programs; and taking anger management courses.
Background facts
Hendrickson reviewed the case, saying the 16-year-old stole merchandise from Shoppers Drug Mart and candy from the Union Grocery Store; breached his youth sentence order by consuming cannabis and alcohol; was found outside his residence three hours beyond his curfew; hit a friend on both shoulders with a metal bar; and threatened to kill his friend with a knife after threatening to cut his own wrists.
The judge reviewed the presentations that the Crown and defence had given earlier about the type of sentence the boy should receive. Hendrickson also discussed examples of case law he had reviewed.
Hendrickson noted the teen’s victim did not submit a victim impact statement after being threatened with a knife. Furthermore, the assault with the metal bar did not lead to injury. The judge thought this indicated there was no evidence for the causation of serious bodily harm.
The teen has a limited criminal record, the judge continued. He served 40 hours of community service in November 2017 for mischief, possession of drugs and possession of stolen property. In October 2018, he received nine months’ probation for assaulting a peace officer, assault, and breach of probation. This expired in July 2019.
A pre-sentence report indicated the 16-year-old was two years behind in his schooling and refused to take anger management courses or mental health counselling, Hendrickson continued. While the boy had moved to southeast Saskatchewan and spoke highly of his new caregiver, and was also taking his medication, there were still concerns.
Hendrickson noted the boy has not registered for school, was detained in a detox centre at one point, still needs more addictions treatment and needs to continue taking counselling.
Serious and less serious factors
Hendrickson listed the mitigating — or less serious — factors in the case, such as the complainant was not physically injured in the assault, the thefts were minor, the teen had a limited criminal record, and he had spent 21 days in custody.
The aggravating — or more serious — factors included some offences were committed while on probation and the boy was not compliant with his previous probation orders.
The judge accepted the joint submission, saying it did not bring the court into disrepute and allowed the teen to seek addictions treatment.
“I hope that he sees the benefits of the treatment (and) counselling as set out in the order,” added Hendrickson.
