Tag Archives: Sentencing

Inmate gets another year for prison stabbing ‘The victim did not instigate an altercation and had no opportunity to defend himself’

Inmate gets another year for prison stabbing: ‘The victim did not instigate an altercation and had no opportunity to defend himself’

Inmate gets another year for prison stabbing: ‘The victim did not instigate an altercation and had no opportunity to defend himself’

Kamloops: The Daily News (October 23rd, 2013) (Accessed November 3, 2013)

Commentary by Krystal Glowatski

Derek Baptiste, an inmate at KRCC (Kamloops), will serve one additional year in prison for stabbing a fellow inmate.  While the defence wanted the one-year sentence to be served concurrently, to avoid the “warehouse” phenomenon, the judge agreed with the Crown that one additional year is not excessive.  Baptiste was originally jailed for: four break-and-enters, a breach of recognizance, and possession of a dangerous weapon.  Based on these offences, the fact that this individual has FASD, and the recent Consensus Development Conference on FASD and Legal Issues, there are likely a number of people out there who would argue that jail is excessive for this individual.

While FASD should not be a “get-out-of-jail-free-card,” there should be special consideration for the issues that plague individuals with FASD.  Unfortunately, these individuals are vulnerable to begin with and placing them in prisons only makes them that much more susceptible to victimization.  Alternative forms of accountability should be considered more often when the court is aware of an individual’s diagnosis of FASD.  As stated in the draft of the Consensus Statement (Vol. 5), it is recommended that there should be consideration by Parliament to make conditional sentences more available for vulnerable individuals, such as those who have FASD.  I suppose the question remains – where should these changes take root?  Is it the responsibility of judges to acknowledge FASD and use what discretion they have to recognize the special considerations necessary to help these individuals, or is it the responsibility of higher powers such as the government to drastically change legislation?  This is an interesting case, in which the individual is documented as having FASD (something that isn’t often recognized in the prison population), yet he was sentenced based on regular standards.  Perhaps more time is needed to start seeing changes within sentencing as they have been envisioned at the Consensus Development Conference in September 2013.

Northern News Services: Judge laments lack of help for offenders with FASD: Suggests defence lawyers become advocates for clients who are struggling with conditions

Judge laments lack of help for offenders with FASD: Suggests defence lawyers become advocates for clients who are struggling with conditions

By: Miranda Scotland, Northern News Services (September 7, 2013) (Accessed: September 25, 2013)

Commentary by: Krystal Glowatski

The article outlines the first case in Nunavut to address sentencing issues surrounding FASD.  In the case of 23-year-old Peter Joamie, charged and found guilty of sexual assault, the offender was handed a sentence of one year to 13 months, as requested by the Crown.  The judge outlines the lack of services available to individuals with FASD in Nunavut; alternatively, FASD is being addressed through prevention and community awareness.  Although prevention and awareness are beneficial, there is a serious need for services available to people already affected by FASD.  The judge explained that “The Baffin Correctional Centre’s 18-bed Katak Unit is fast becoming a warehouse for the mentally ill, for those suffering from FASD, and for those who are otherwise vulnerable and needing protection.”  The phenomenon of warehousing FASD individuals in prisons is not unique to Nunavut; however, the situation is expounded in a community that is so drastically depleted in available services.  While the Crown requested what the judge refered to as a “generous” sentence, the defence neglected to provide evidence of Joamie’s condition.  As the title of this article suggests, defence lawyers need to disclose such information where it may be considered in sentencing an offender.  As was recently discussed at the Consensus Development Conference on FASD and Legal Issues in Edmonton, AB, issues surrounding FASD need to be taken into account during the legal process.  Many recommendations came out of the recent Consensus Development, and perhaps with time, disclosing such information will be common practice and less people with FASD will be severely impacted by the criminal justice system.  As it is now, the criminal justice system inadvertently sets these individuals up for failure.  Responsibility has to be shared among all justice professionals to begin acknowledging FASD as a serious consideration in the criminal justice process.