A Toronto woman whose dog attacked a nine-year-old boy at Little Norway Park in March 2024 has been sentenced to 340 days in jail, three years’ probation and is prohibited from owning a dog for 10 years.
Patrycja Siarek’s voice cracked as Ontario Court Justice Miriam Bloomenfeld asked Siarek, who has been out on bail, if she understood the sentence. Minutes later, a court officer handcuffed Siarek and led her out of the courtroom to begin serving her sentence.
Siarek pleaded guilty in March to criminal negligence causing bodily harm and failing to prevent a dog from biting a person under the Dog Owners’ Liability Act.
“There is no other way to describe this than a horrific attack on a nine-year-old child,” said Bloomenfeld as she summarized the case.
It was March 23, 2024, when the nine-year-old boy and his father visited the park at 659 Queens Quay W. to observe planes from the Toronto Island Airport and use the playground.
According to an agreed statement of facts, as the boy and his father approached, they observed Siarek and a dog off-leash running free inside the fenced-in area.
As the boy reached the gate ahead of his father, the dog charged across the play area, pushed through the open metal gate and attacked the boy by biting him in his upper hamstring.
The dog continued to attack the victim and secured itself to the back of the victim’s left leg and thigh. The victim’s father attempted to release the dog’s jaws with no success. Siarek made futile attempts to pull the dog off the child.
The attack lasted approximately two minutes, and eventually the dog released the victim’s leg and began biting his pants. The dog attack ended with the dog finally releasing its grip when the victim’s pants ripped free.
Siarek fled with the dog northbound through the snow-filled field. By doing this, she failed to provide any information regarding the dog, render any aid to the injured child, or provide any personal information.
The boy, whose name is protected by a court-ordered publication ban, was taken to Sick Kids Hospital, where he underwent surgery.
Police commenced an investigation and canvassed the local area for video. Photos of the accused and the dog were released to the media as a safety alert to the public for safety and to try to identify the accused.
The accused was identified by the public, who called in with information, enabling police to confirm the identity of Siarek.
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The following day, Siarek was arrested in her residence.
Three dogs were also located in the residence, including Capo, the dog involved in the attack. The animals were seized and turned over to animal services and public health for quarantine. Siarek later consented to have Capo euthanized.
The boy had a large piece of flesh ripped from the left rear thigh area, requiring plastic surgery. He also underwent a tetanus shot and a rabies vaccine, as the history of the dog was unknown.
The court heard that as of March 23, 2024, Capo had been involved in three other dog bite investigations. Siarek had been served with a “dangerous dog order” on Dec. 14, 2021, following a dog bite incident on Dec. 4, 2021. The order required Siarek to keep Capo, an American Bulldog, muzzled at all times while outside her residence.
In delivering her reasons for judgment, Bloomenfeld said that the boy suffered a devastating wound to his left thigh and had a lengthy period of treatment that kept him away from school, which disrupted his life.
“The trauma endured by the victim and his family is documented in the victim impact statements,” Bloomenfeld told court, adding that the family continues to emphasize the importance of protecting the child’s identity.
Bloomenfeld said she believed Siarek’s remorse is genuine and profound based on her guilty plea. She also acknowledged that Siarek has struggled with addiction and mental health issues, which she has worked hard to address.
Siarek’s lawyer, Christopher O’Connor, was asking for a conditional sentence to be served in the community.
The judge pointed out that Siarek, who has 15 prior convictions for assault, theft, drug possession and failing to comply with court orders, though no convictions since 2017, has not done well with community supervision. O’Connor said her lack of compliance with probation issues had to do with Siarek’s drug and mental health issues that she’s been addressing.
“She has made good strides towards battling addiction issues,” Bloomenfeld agreed.
The judge underlined that the aggravating factors of the case included the fact that Capo had been involved in three prior dangerous incidents and Siarek had been served with an order prohibiting her from doing exactly what she did: taking her dog out of the home without a muzzle.
“She was on a release at the time of these offences. She brought a dog she knew was dangerous to a fenced-in area where dogs were prohibited. She took off the muzzle and leash prohibited by the dangerous dog order. The victim was a young child, only nine years old. He was entitled to protection without apprehension of an attack by a dangerous dog,” Bloomenfeld said.
The judge told court another aggravating factor is the horror the father endured, watching his child being attacked and unsuccessfully trying to pull the dog away.
She also said the victim will have lifelong physical and psychological scars.
“The offence here was extremely grave. The nature of the conduct and the harm it caused must be addressed. Her moral culpability was significant given the aggravating factors. Only a period of incarceration can address that,” Bloomenfeld told court.
Assistant Crown attorney Nathan Kruger was asking for a period of three years in prison, but Bloomenfeld ruled that would be excessive. She also told court a conditional sentence would not be appropriate.
“It would not address the principles of deterrence and denunciation and accord with protecting the safety of the community, given Ms. Siarek’s criminal record and record of disobeying court orders,” Bloomenfeld added.
The judge concluded a 12-month sentence was fit and gave 20 days’ credit for pre-sentence custody.
Siarek was also given a $250 fine in relation to the offence under the Dog Owner’s Liability Act.
Once Siarek is released from jail and begins serving her three-year probation, she is bound by a number of conditions.
She can have no contact with the victim and his immediate family or be within 50 metres of the victim and his family. She must undergo counselling as recommended by her probation officer. She must not attend Little Norway Park.
As well, in addition to the 10-year prohibition on owning a dog, she must not have custody, care of or live with any dog.
Kruger had also asked for a condition that Siarek not work in any capacity where she is in a position of trust with a person under 16, which O’Connor said was inappropriate.
“She didn’t intend to have this happen to a child. It could have happened to anybody,” said O’Connor.
“The concern I have is the severe lapse of judgment and its connection to a children’s playground,” said Bloomenfeld, imposing a condition asked for by the Crown regarding not allowing Siarek to work in any capacity with a person under the age of 16.
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