The lawyer representing a Winnipeg teenager sentenced to three years for a violent November attack at a Tyndall Park liquor store says his client is remorseful for his actions.
Matthew Munce told 680 CJOB, however, that he understands if many Winnipeggers are critical of the sentence — especially after surveillance footage of the youth assaulting a female cashier shocked the community.
The 15-year-old, who can’t be named due to his age, was convicted on charges of charges of robbery, assault, uttering threats and mischief to property on Tuesday, and given the maximum youth sentence.
“It was a situation where obviously people are going to be upset about this — we acknowledge that,” said Munce.
“I don’t think that (the community) is going to feel a sense of retribution for any sentence that he receives, but It’s important to know he feels incredibly horrible about what had happened.
“He has already made some strides in terms of taking some programming on his own initiative. He’s been taking some medication that already looks like it’s been helping.”
Munce said his client was given credit for the time he’s already served at time-and-a-half, and he’ll serve roughly nine months in closed — or secure — custody at the Agassiz Youth Centre in Portage la Prairie, before an anticipated move to open custody at the Manitoba Youth Centre.
From there, he may receive a relaxation of restrictions, depending on behaviour and how well he responds to treatment.
Much of the criticism of the sentence has related to Munce’s client being described as a ‘boy’, considering the violent nature of his crime.
But the lawyer said there’s a good reason for youth sentences.
“In different areas of the law, we acknowledge that individuals under 18… their rights are limited,” said Munce.
“You’re not able to buy lottery tickets, you’re not able to obtain a driver’s licence until a certain age… but unfortunately, we expect a different standard for 15-year-olds (accused of a crime).
“It’s important to remember, as well, that this is an individual who had no prior criminal record and he received the maximum sentence.”
A University of Manitoba criminologist told 680 CJOB the sentence in a case like this is based, first and foremost, on the Youth Criminal Justice Act, with prior case law providing guidelines within which judges can work.
“The sentence always has to be proportional to the seriousness of the crime and take into account the degree of responsibility to the offender,” said Frank Cormier, head of the university’s department of sociology and criminology.
“There’s quite a bit of leeway for the judge to try to look at the individual needs and issue with the offender and try to address those to rehabilitate them.”
Cormier said some people object to the idea of trying to rehabilitate someone convicted of a violent crime.
“This person is going to be a part of our society for many years to come, so we really need to think about, ‘how do we make this person better?'” he said.
“Some people object to that — to say, why should we be nice? Why should we be worried about the needs of this person?
“Anyone who’s seen that video is horrified and disgusted and might think the idea is ‘we have to care for him? where are our priorities?'”
The fact is, said Cormier, that young offenders will be released back into our population, usually much sooner than their adult counterparts, so it’s in all of our best interests to bring them back into society in such a way that they can live among us and not be a threat anymore.