In a matter regarding a young offender who had been charged with arson, Judge Karl Bazin decided against ordering a custodial sentence in the Dojack Youth Centre in Regina, as suggested by the Crown.
The 14-year-old male youth previously pleaded guilty to arson, break and enter, theft and uttering threats. The arson charges stem from an incident in October, in which he and another youth set fire to two golf carts, and damaged a garage and some fencing as well.
During Estevan provincial court on Feb. 2, Bazin decided a sentence of deferred custody for six months, followed by a six-month probationary period, would suffice in this case, as a custodial sentence is an option of last resort when dealing with youth. Part of the conditions of the sentence require the youth to complete 100 hours of community service, 50 of which can be completed through an extra-curricular activity; not possess any fire-starting devices and attend counselling or treatment as ordered by a youth worker.
Crown prosecutor Mitch Crumley said in his submissions to the judge, "This is a youth that is out of control and could use some stability. We are dealing with very significant offences."
He added that he didn't want to "downplay" shoplifting, but of particular concern to him were the arson charges that led to thousands of dollars of damage and were a danger to the public.
"A clear message needs to be sent that that kind of behaviour is unacceptable."
He noted that there have also been repetitive breaches of conditions he has been placed under.
"The breaches demonstrate a clear pattern of non-compliance (with court orders). He is in need of stability. He is in need of rules. I am going to suggest he can receive that at the Dojack Centre."
Legal Aid lawyer Robert Grimsrud, who represented the youth during the proceedings, countered that under the Youth Criminal Justice Act, a judge must pass sentence with the "least restrictive measures possible.
"This is a young person who is still manageable," he added, pointing out that he felt the pre-sentence report determined the youth to be manageable in society.
Grimsrud noted that the young offender had been in custody on remand for two weeks in December 2011 for breaches, and had previous shorter stints in Dojack before that.
Despite that, Crumley urged Bazin to "deal with this matter in a significant fashion."
Grimsrud continued that for the most part, the offences involved property, rather than violence and that some of the breaches were as simple as walking down a hallway with people he wasn't supposed to have contact with. He also noted that there have been no breaches since the youth's two-weeks on remand almost two months ago.
Restitution for the golf carts was set out in a pre-sentence report at $2,700 for one and $10,000 for the other. Grimsrud said he wasn't sure how accurate those figures were.
Regardless, Bazin said, "It comes down to a youth, who's not working, who should be in school," so he did not order restitution.
After passing sentence, Bazin spoke to the youth directly, explaining, "This is deferred custody. If you're going to breach it, you'll go to jail. It's almost automatic."
The youth is also scheduled to stand trial for an assault charge on June 18.
