YARMOUTH, N.S. — “It’s certainly time to change your ways because if you don’t you’re going to end up creating a miserable life for yourself and most anyone that comes in contact with you.”
These were the parting words Yarmouth Provincial Court Judge James Burrill had after sentencing a 19-year-old Yarmouth resident for – among other things – her participation in the attack, torture and confinement of a Yarmouth teenager in January 2019.
During a July 28 sentencing hearing the judge accepted a Crown and defence joint recommendation for a two-year probation period for the woman, who was a youth during the incident and by law cannot be identified because of the Youth Criminal Justice Act. The act also places some restrictions on the types of available sentences.
“It’s certainly time to change your ways because if you don’t you’re going to end up creating a miserable life for yourself and most anyone that comes in contact with you.”
Earlier this year the accused pleaded guilty to assault causing bodily harm, uttering threats, forcible confinement and conspiracy. The July 28 sentencing was a continuation of a sentencing hearing that had started, but was halted, in February and has seen adjournments since then. While the judge accepted the joint recommendation from the Crown and defence, he admitted he had given “serious thought” to not agreeing to it, but said he had to be guided by the Supreme Court of Canada and the principles of the Youth Criminal Justice Act.
“I will accept the joint recommendation, however, I will say this, I have little confidence that the joint recommendation will address all those things that need to be addressed by the accused before she is no longer a risk to commit further offences," he said, telling the woman she needs to change her ways.
The woman was also sentenced, as an adult, to an 80-day conditional sentence to be served in the community for multiple breaches of court orders. (Again, because of the youth charges referred to in this story she cannot be named.)
“Anyone looking at this total package might say to themselves, given all that’s happened, given all of the rules that she’s broken with regard to her release conditions, really the only way she’s going to learn her lesson is go to jail and go to jail for a significant period of time,” Judge Burrill said in his remarks about a sentence that even he said could be described as "extremely lenient."
“I, along with counsel, will take somewhat of a leap of faith that these conditions will be sufficient to control her,” he added, telling the accused if she breaches conditions she would be arrested and would likely find herself sent to jail.
“Anyone looking at this total package might say to themselves … the only way she’s going to learn her lesson is go to jail and go to jail for a significant period of time,”
The accused was 17 years old when the Jan. 4, 2019 attack on the Yarmouth teenager – who was also 17 – happened. Defence lawyer Raymond Jacquard said his client played a lesser role in the attack than others, saying she said she was there "as support” to another co-accused who had issues with the victim.
The details of the incident are disturbing. The teenage victim was picked up in a vehicle by a friend, not knowing three other people were hiding inside. Over the course of around five hours she was taken to multiple locations where she was repeatedly beaten, confined and threatened. Laying on the ground she was stomped on and kicked, with blows delivered to her stomach, head and face. Nine gel nails she was wearing that night were ripped off her fingers, pulling off two of her real fingernails.
Three others who took part in the incident were all 19 at the time. At the residence of a 65-year-old the teenager was brought to, she was hit by a wooden stick and grabbed by the throat by that person who also tried to command a dog to attack the teenager.
The teen’s injuries to her face left had left her unrecognizable that night.
Throughout the horrifying ordeal that played out for hours the teenager was threatened with more physical harm, and harm to her family, if she told anyone what had happened to her.
The girl was eventually able to escape when she jumped out of the vehicle she was being transported in when it stopped at the end of a road. She sought help and refuge at a nearby convenience store/gas station where staff called 911.
Victim impact statements by the girl’s grandmother and aunt said the teen’s injuries to her face left had left her unrecognizable that night. The teen and her family said they would be forever haunted by what had occurred and could not understand how people could do such things to another human being. Judge Burrill added there was no doubt that the emotional scars would last a lifetime.
In addition to the January 2019 charges, the woman, now 19, was sentenced for breaching court-ordered curfews four separate times, along with a mischief charge for damaging an RCMP cruiser while intoxicated. Crown attorney Del Wickens said the accused has a problem with alcohol, drugs and anger management. He added she needs to start taking responsibility for her actions instead of making excuses for them.
The woman’s lawyer echoed the fact her anger management problems become heightened when she consumes alcohol. While this was her first youth conviction, he said her encounters with the police and courts have now started to snowball. “Hopefully (with) the conditions with her probation – to attend for anger management, substance abuse – she’ll take advantage of that and try to turn her life around,” her lawyer said.
The judge reinforced the importance of this saying unless the woman makes a real commitment to change her actions, her substance abuse and her attitude, “there is a perfect storm for her to be involved in further offences.”
The woman’s probation order and her conditional sentence each come with a long list of court orders, requirements and restrictions. She must also do 40 hours of community service on the youth matters, serve house arrest as part of the conditional sentence and is to have no contact with the victim of the assault or the victim's immediate family.
Other court conditions includes substance abuse, anger management and mental health assessment and counselling as directed; a two-year weapons prohibition and not being allowed to consume alcohol or non-prescribed drugs.
This accused is the fourth person to be sentenced for the January 2019 incident. No one has been sentenced to a jail term for their involvement, which has angered, upset and frustrated the victim's family, and the victim herself.
Trey Rhyno received a sentence of time served after pleading guilty to assault causing bodily harm and unlawful confinement. The time served was based on the amount of the time spent in custody between Rhyno’s January 2019 arrest and September 2019 sentencing.
Ashley Comeau, the driver of the vehicle, pleaded guilty to a charge of conspiracy and was given an 18-month community-based conditional sentence.
Jacqueline Elizabeth Angell – Rhyno’s grandmother – received a 12-month conditional sentence to be served in the community after pleading guilty to assault with a weapon.
The sentences of Comeau and Angell were a joint recommendation by the Crown and defence. In Rhyno’s case the Crown had been seeking a jail sentence of 18 months but Judge Claudine MacDonald – who delivered all three prior sentences – ruled it wouldn’t be fair to sentence Rhyno to a much harsher sentence than what two other co-accused had received.
The last of the co-accused, Danesha Russell, is scheduled to be sentenced Sept. 3 in Halifax where she now resides.
READ ALSO:
- Family of teenager who was beaten and tortured feels let down by justice system
- Judge gives sentence of 'time served' in case of assault on Yarmouth teenager
- Driver of vehicle in assault on girl receives 18-month conditional sentence
- Yarmouth family says sentence of house arrest and curfew too lenient for assault on teenager
- Judge halts sentencing of youth in case of 2019 assault
