Gang party
Now it's your turn to be the judge: jail for Thomas or a sentence to be served at home?
You'll find out next week how the judge ruled.
Nick Sutherland was found crumpled in the basement of a home suffering grievous injuries after police received an anonymous phone call on Aug. 25, 2007.
It was quickly determined that Sutherland had suffered a brain injury. He was rushed to a hospital in northern Manitoba and then by air ambulance to Winnipeg.
Sutherland can no longer speak, read or write and is seeing a physiotherapist to try to regain those skills.
Court was told there was a party at Sutherland's home. Sutherland went down to his basement, where more than a dozen people were partying, and tried to get several of them to leave his home.
Unfortunately, Sutherland had a tattoo of one of Manitoba's known gangs on his arm. The people he was trying to evict were members of a rival gang.
Several of the people began punching and kicking Sutherland.
At one point, Simon Thomas kicked Sutherland once or twice before Sutherland fell to the ground. That was Thomas' only involvement in the beating.
But once on the ground, Sutherland was kicked in the head and at least two people jumped off the basement steps to land on the helpless victim's head.
Thomas has pleaded not guilty to assault causing bodily harm. The other people have also been charged, but will be dealt with in another court.
Crown attorney:
Argues that Thomas deserves to be put behind bars for his part in the crime.
"This is a very high-end assault causing bodily harm," the Crown said.
The Crown is asking for a jail sentence of two years less a day followed by three years of supervised probation.
"I think the public would be outraged if he is given a conditional sentence (a sentence served at home)."
The Crown said alcohol and drugs, along with negative peer relations, fuel Thomas's future chances of reoffending.
But the Crown also readily admitted Thomas' assault did not cause the brain damage, but caused bruising on his body.
And the Crown admitted Thomas was the first person to talk to police and because of what he said, others have been arrested.
The Crown said Sutherland's "entire life has changed. He's not the same person and he will never be the same person."
The Crown said Thomas had been convicted of another assault in 2006 and was handed a one-year conditional discharge.
Defence counsel:
Argues the man should be able to serve his sentence at home.
The defence said Thomas is 20, aboriginal, and from a reserve that can only be reached by air or winter road.
The defence said Thomas only receives $290 per month in social assistance. Thomas would like to work, but he is scared for his safety if he found work in the community where he was arrested. He has received threats from other people charged with the crime.
The defence said while Thomas assaulted Sutherland, his role was minor compared to the others.
The defence said when the violence against Sutherland escalated, Thomas wanted to flee, but couldn't because there were as many as 18 people in the basement and they were blocking the way out.
"He didn't participate further when the matter got out of hand."
The defence said Thomas is sorry for his part in the assault.
Sentencing principles:
Same as Case #1.
Sentencing choices:
There is no minimum period of jail for a charge of assault cause bodily harm. The maximum penalty is 10 years in prison.
You can agree with the Crown's argument for a specific jail term or you can agree with the defence to let the person serve his sentence at home. Or you can impose a sentence stiffer than the Crown or somewhere in between the recommendations by the two lawyers.
Bear in mind, most judicial decisions don't go higher than what has been recommended.
Now it's your turn to be the judge: jail for Thomas or a sentence to be served at home?
You'll find out next week how the judge ruled.
