A teenager has been sentenced to 28 months in prison after a disturbing assault on Christmas Day 2023 in the Barrie area, where the victim was tortured and videotaped with the resulting footage being sent to others.
“He seemed empowered by (inflicting pain),” said Ontario Court Justice Cecile Applegate. “There was a complete lack of empathy.
“I’m skeptical as to his insight into his behaviour,” she added.
The youth, along with another man who has also been charged and whose case remains before the courts, left the victim permanently disfigured.
Court also heard the victim may be permanently disabled.
The sentencing hearing offered no details about the motive behind the savage assault.
The youth, who cannot be named under provisions of the Youth Criminal Justice Act, has six months left to serve when enhanced pre-trial custody is factored into his sentence.
“Thank you, your honour,” the teen said in his lone audible remarks made via video link from jail.
Despite the relatively short duration left on his sentence, the teen may soon have other legal issues on his plate. Court heard a note found in his cell appeared to show he was involved in a murder conspiracy involving a material witness in an ongoing murder trial. No other details were outlined in court.
“It’s a concern,” Crown attorney Indy Kandola said after the sentencing hearing.
The youth will be subject to a host of conditions, including no contact and probation orders, once he's released from custody.
Applegate expressed optimism, based on previous submissions, that the youth was engaging in rehabilitative programs while behind bars.
But that sentiment was based on developments before the note was discovered, which, according to Kandola’s comments in the courtroom, was found hidden in a book in a jail cell of which he was the lone occupant.
The note appears to exist in a legal grey area, because the youth has not been charged with any crime related to it. It was only discovered effectively after sentencing submissions had been made and very likely after Applegate had decided on the sentence.
Applegate was clearly concerned, but there appeared to be little or no options at the judge's disposal.
Sentencing guidelines for young offenders call for a maximum sentence of two years on a single charge that can be enhanced to three years when combined with other convictions. That provision allowed Applegate to exceed the two-year maximum by tacking on an additional four months.
Applegate cautioned the youth that breaching any of his conditions upon release could lead to charges as an adult, where his name would be public and the criminal sanctions much more severe.
Court heard evidence that the youth has had a troubled home life after being born with fetal alcohol syndrome. He was adopted before his second birthday and, although his adopted family remains supportive, they could do little to curb his criminal impulses.
The youth’s co-accused, who turned 20 last week, is still before the courts. He has a court date in June where it's expected he will plead guilty to aggravated assault and robbery charges related to the Christmas Day incident.
