Boy gets probation for robbery, weapons offences

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This article was published 16/08/2022 (1162 days ago), so information in it may no longer be current.

A 15-year-old Brandon resident will be spending the next 12 months under supervised probation for possessing concealed weapons and taking part in an armed robbery this summer.

The male youth appeared before Judge Patrick Sullivan via video conference on Monday, after spending the last three weeks in custody for his involvement in the robbery that took place July 22.

Articling law student Sarah Kok, representing the Crown, reminded the judge of the incident that took place around 11 p.m. on July 22 near the intersection of 15th Street and Louise Avenue, where four male suspects allegedly stole a pair of backpacks from two people passing by.

According to the victims, at least one of the individuals was armed with a can of bear spray.

Police later located and detained the 15-year-old at his group home, discovering that he was also violating a curfew that was established following a previous arrest.

The youth had also run into police two previous times that summer, with both encounters resulting in a concealed weapon charge.

The first of the encounters took place on July 13, when the Brandon Police Service received word that someone had been sprayed with bear mace near 133 Princess Ave. East.

Police eventually discovered a youth rinsing his eyes out with a garden hose, with a can of bear mace located in his possession.

Prior to that, the 15-year-old had also been arrested at the Manitoba Summer Fair on June 11 after he was caught carrying around a hidden machete and baton.

Officers were called to the Keystone Centre grounds around 7:20 p.m. after hearing reports that a youth had been sprayed with bear mace.

After being treated by medical staff, the 15-year-old reportedly told police he needed the weapons to protect himself against those who wished him harm.

Because of the youth’s propensity to get in trouble over the last two months, Kok recommended that he spend six months in custody followed by a period of supervised probation once he is released.

However, defence attorney Jennifer Janssens recommended 12 months of supervised probation instead, believing that youth offenders should only face jail time in rare circumstances.

Janssens referenced Manitoba’s Youth Criminal Justice Act, which outlines in Section 38 how the purpose of sentencing a young person is to “promote his or her rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public.”

Janssens said that giving her client the opportunity to better himself in the community — by completing high school and pursuing other self-improvement goals — would be more in line with this legislation.

And while Janssens admitted the charges facing her client are serious, they never rose to the level of outright violence, which is one of the few exceptions the Youth Criminal Justice Act allows for when it comes to incarcerating young people.

Sullivan ultimately agreed with Janssens’ recommendation of 12 months supervised probation, also making note of the 15-year-old’s lack of a criminal record before this summer and his genuine show of remorse by pleading guilty to all charges on Monday.

However, Sullivan also imposed a series of conditions that the youth must abide by if he wants to avoid incarceration throughout this 12-month period.

The conditions include regularly reporting to his probation supervisor, abstaining from owning weapons and refraining from contacting the complainants or the co-accused involved in any of these cases.

The judge stressed the last point during his closing remarks to the boy on Monday, believing that his continued association with a negative peer group will only drag him back into court.

“The circumstances I heard about, in addition to the robbery, tell me that you’re living a dangerous lifestyle and you’re choosing friends and acquaintances who bring conflict and violence into your life,” Sullivan said.

“If you don’t change the people you’re hanging out with, the chance of you coming back into contact with violence and coming back into contact with the criminal justice system is very high.”

» kdarbyson@brandonsun.com

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