Second man sentenced in assault over noise complaint

A man has been sentenced to almost 14 months of time already served for his part in an assault over a noise complaint that left the victim with a broken nose.

Earl Moar, 26, pleaded guilty to assault causing bodily harm at the outset of his sentencing hearing in Brandon provincial court on Thursday afternoon.

The Crown asked for an 18-month jail sentence, less the time Moar’s spent in custody. Defence argued for a time-served sentence — the equivalent of 414 days — for several reasons, including that his co-accused received a one-year sentence and Moar wasn’t the initial aggressor.

Crown attorney Yaso Mathu laid out the details of the offence.

On May 13, 2025, the Brandon Police Service’s Major Crimes Section was informed of an assault at a residence on Queens Avenue that resulted in the victim sustaining “significant facial injuries.” Several suspects had already fled the scene when police arrived.

The man’s eyes were both black and swollen shut, and a medical report showed his nose had been broken.

Police took a statement from the victim, who said Devon Lessard and Moar assaulted him. The victim said the men were all living in the same residence and Lessard’s bedroom was directly across the hall from his.

The victim said he got mad at Lessard for playing his music too loud and yelled at him to turn it down before going into his own room and slamming the door. He said he thought this is what “set (Lessard) off,” because that’s when the men attacked him, Mathu said.

“Lessard came directly at (him) and punched him in the face twice,” she said. The victim staggered a bit, “at which point (Moar) jumped on his back and had him in a chokehold. (The victim) did state that he stabbed Moar near the clavicle (with pliers) prior to him jumping on his back.”

The victim fell to the floor, where the men continued to assault him and repeatedly punched and kicked him in the face and head.

He told police he eventually backed himself into a closet, while Moar lifted a baton as if he was going to hit him but didn’t. While the victim was in the closet, one of the men said they were going to tie him up and “set the house on fire,” court heard.

Mathu said Moar’s guilty plea is a mitigating factor and explained that there may have been issues with the co-operation of witnesses if the matter went to trial.

However, she said Moar’s short but “significant” criminal record, which includes a conviction for manslaughter from 2020, is aggravating, along with the fact that he didn’t have to get involved in the fight in the first place.

“Mr. Lessard is the one who started the incident in terms of getting angry and initiating it, but then … Mr. Moar did not have to get involved with the situation at all. And instead, here he is,” Mathu said.

Defence lawyer Jennifer Janssens said Moar’s co-accused, Lessard, was recently sentenced to one year in custody and brought the court’s attention to a section of Canada’s Criminal Code, which states that a sentence should be similar to sentences imposed on similar offenders for similar offences in similar circumstances.

“That is what I’m asking your honour to do here,” Janssens said.

Some of the facts of the offence justify a sentence similar to his co-accused, she said, including that Moar didn’t initiate the assault and that the victim stabbed him in “a really dangerous spot” prior to Moar’s involvement.

“Mr. Moar is well aware he should not have entered the room. He should not have joined in,” she said. However, she echoed the Crown’s comments regarding unreliable witnesses.

During his time in custody, Janssens said Moar hasn’t been idle — he is working on his education and said he hasn’t had any behavioural issues.

She also pointed out that he has been away from his family for a long time and is “somewhat institutionalized,” as he wasn’t out of custody for long after serving his previous sentence before being incarcerated again.

Mathu responded to Janssens’ comments on parity by pointing out that Moar and Lessard are not “like offenders,” as Lessard’s criminal record consisted of property offences, not violent offences.

Judge Donovan Dvorak explained a rule in hockey called “third man in,” saying that when two people are fighting on the ice, the third one that joins receives a higher penalty.

“You shouldn’t turn a one-on-one into a two-on-one, regardless of the circumstances,” he said.

Dvorak said while parity does play a role, it doesn’t mean two people should get the exact same sentence, but a sentence in the same range is appropriate.

He imposed a time-served sentence of 414 days, followed by two years of unsupervised probation.

» sanderson@brandonsun.com