Youth offender spared custody

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This article was published 24/07/2017 (2466 days ago), so information in it may no longer be current.

Lawyers debated whether his crimes constituted “exceptional circumstances,” but a youth who appeared for sentencing in a Steinbach provincial courtroom last Thursday ultimately avoided time in custody and will instead serve a 15-month community-based sentence.

In December, the teenager, whose identity is protected under the Youth Criminal Justice Act, pleaded guilty to a Sept. 2016 break-in at a Ste Anne residence in which several firearms and a compound bow were stolen. It wasn’t his last brush with the law, after Ste Anne police found him in possession of a stolen BlackBerry in February. Crown attorney Kristee Logan noted the second offence occurred while a pre-sentence report, stemming from his December plea, was being prepared.

“From the Crown’s perspective, this was a serious matter,” Logan said of the break-in that prompted the report, adding the stolen weapons “open the door to custody.” She sought three months of deferred custody followed by supervised probation, noting a conclusion in the pre-sentence report that suggested the youth harboured a dislike of law enforcement.

Judge Ken Champagne acknowledged the timing of the second offence was an aggravating factor, and commented the youth “needs an attitude adjustment,” but defence attorney Alan Libman argued his client’s attitude had already improved. The youth’s spontaneous confession to police was a mitigating factor, Libman added. 

“I submit that the root cause of his criminality is low self-esteem,” said Libman, and called the youth’s behaviour “self-sabotaging.”

Through tears, the boy’s mother said her son was now under the care of a doctor and was taking prescribed medication for a brain disorder while also seeking employment. Champagne credited the mother for being a supportive and corrective influence on her son.

Noting Manitoba’s two youth centres currently operate at capacity, Champagne said the youth’s actions were nevertheless cause for “very serious concern,” as stolen weapons often end up on the street. But the accused’s guilty pleas, along with a lack of prior criminal history, prevented the case from constituting “exceptional circumstances,” he said.

“You need to understand…if you were 18 years old, you’d be going to Stony Mountain today. I wouldn’t hesitate,” said Champagne.

“You’re not at that point yet…It’s up to you to choose what you’re going to do here going forward,” he told the youth.

Champagne imposed a community-based disposition involving 15 months of supervised probation with conditions to keep the peace, complete required counselling, and attend school or obtain employment. The youth must also complete 100 hours of community service, abide by a weapons prohibition, attend mediation services or write a letter of apology, and stay at least 200 metres from the site of the break-in.