Young offender sentenced following attack

A young offender was sentenced following an unprovoked attack that left a young man in hospital requiring surgery.

In Estevan provincial court, an Estevan youth who was 17 at the time of the incident but is now 18, pleaded guilty to assault causing bodily harm.

What the Crown prosecutor outlined as an unprovoked attack, occurred on Aug. 30, 2013, when the youth was parked at a rail crossing waiting for a train.

The youth noticed the car pulled up behind him at the crossing was driven by someone with whom he had exchanged various text messages regarding a woman. The youth exited his vehicle at the crossing and approached the driver behind him.

He pulled the driver out of the vehicle and proceeded to kick and punch him. A passenger in the accused's vehicle told him to stop the attack.

When the youth was finished his assault, he left the victim with a broken nose and cheekbones. The victim spent three days in hospital and underwent two surgeries to repair the broken bones in his face.

The Crown prosecutor called the attack an offence that sat on the highest end of the severity scale without charging him with aggravated assault. The Crown suggested a six-month term of deferred custody, which allows a young offender to serve a custodial sentence in the community, followed by six months of probation that would be necessary. The Crown noted the six-month term is the maximum allowed under the Youth Criminal Justice Act.

Greg Wilson, the youth's Legal Aid lawyer, said the incident was out of character for the youth. He said the injuries were serious, but suggested it wasn't a prolonged attack, lasting about 30 seconds.

He said the youth set out to fight the victim but not seriously injure him.

While the Crown said any sentence less than what he was suggesting would shock the community, Wilson said the community may be shocked by an absence of custody in the sentence but that the maximum was not required. He suggested a four-month deferred custody period followed by eight months of probation would be more appropriate.

Presiding Judge Karl Bazin noted the incident does measure along the high end of an assault causing bodily harm and accepted the prosecutor's terms, sentencing the youth to six months of deferred custody and a subsequent six-month probation order.

The youth is subject to a curfew from 7 p.m. to 7 a.m. in the first three months and 9 p.m. to 7 a.m. in the following three months. He must also complete 50 hours of community service, provide a DNA sample and is subject to a two-year firearms ban.