Girl involved in ‘horrendous’ mall attack put on probation

A 14-year-old Brandon girl was sentenced to two years of supervised probation on Tuesday for her part in a “horrendous” group robbery at a downtown mall.

The girl, who cannot be named under the Youth Criminal Justice Act, previously pleaded guilty to a single count of robbery after she and three co-accused were caught on video at The Town Centre mall kicking and punching a woman on March 1. The woman’s phone was stolen during the interaction.

Crown attorney Rich Lonstrup played the surveillance footage in Brandon provincial court.

“This was a shocking matter in our community. It was unprovoked. It was in a public place,” Lonstrup said. “This accused, we can see, was heavily involved. She didn’t start the violence, but she was heavily involved with repeated kicking.”

The video showed the group continuing to kick the victim while she was lying on the ground.

The victim worked at the mall, Lonstrup said, and was “just going to the bathroom.”

“(The victim) genuinely believed her ribs were broken, although that was never confirmed through medical records. She can say she was in massive pain,” Lonstrup said. “She had bruises on her face for about one to two weeks.”

The Crown said the victim didn’t just experience physical pain — she “suffered considerable trauma” and fears that she will run into the assailants again.

Lonstrup brought the court’s attention to the impact the robbery had on the community.

“People are right to be frightened by this kind of violence against strangers,” he said. “The Town Centre … used to be the main mall in Brandon. Now, unfortunately, it is getting commonly associated as a frequent location for dysfunctional, aggressive and violent behaviour.”

The Crown said there are several services that people need access to inside The Town Centre, including the regional health authority, the RBC Royal Bank and the library, and people shouldn’t feel unsafe while doing so.

Lonstrup said if the teen were an adult, she would likely receive a penitentiary sentence.

He said the sentence the court imposed needed to send “a strong message condemning what is just senseless violence against completely innocent strangers.”

The Crown asked the court to impose a six-month custody and community-supervision order — which means part of the sentence is served in a correctional facility and the remainder under supervision in the community.

Lonstrup asked that it be followed by two years of supervised probation under the Intensive Support and Supervision Program (ISSP), which offers extra monitoring and support.

Defence lawyer Philip Sieklicki emphasized the progress the girl has made since her offending and asked the court to sentence her to two years of supervised probation instead.

Sieklicki said he and the girl acknowledged the seriousness of the robbery and that it was a senseless act that never should have taken place.

He said the teen had a difficult upbringing. Her father wasn’t involved in her life, her mother experienced addiction issues and she has family that attended residential school, the court heard.

Sieklicki said there were “long-standing periods” where there was a lack of food and that she learned to steal to feed herself at one point.

“Perhaps it’s no surprise that (she) ultimately ended up, unfortunately, finding herself in trouble with the criminal justice system,” he said.

Sieklicki said that while her upbringing didn’t excuse her actions, it provided the court with the girl’s background and circumstances.

Over the last few months, Sieklicki said, she has changed her life around in many ways. He said he was told that she’s attending school relatively regularly, enjoying school and passing her classes.

He said she was experiencing “serious drug addiction issues” but has now quit using cocaine and alcohol.

“We know that cocaine is an extremely dangerous drug, very addictive drug. For her to have quit is very significant … and very positive.”

Judge John Combs said it’s far too common of a phenomenon that people act more aggressively when they are in a group rather than acting alone.

“Obviously, she participated to a great degree in what can only be defined and described as a horrendous assault,” he said.

He acknowledged the “positive strides” she has made and didn’t want to disrupt her progress by sentencing her to time in custody. He sentenced her to two years of supervised probation, with the first nine months under the ISSP.

» sanderson@brandonsun.com