Crown calls for another year in custody for teen in racist graffiti spree
Defence wants probation instead of more time in custody, opposes DNA order and police visits
Crown prosecutors want a teen who pleaded guilty in a racist spray-painting spree to spend another year in custody without credit for the 281 days he has already served in detention, but his defence says he should be released on probation.
The Crown and defence made their final sentencing arguments Monday for a teen responsible for what has been described as a "week of terror" in Ottawa last November.
Between Nov. 13 and Nov. 19, the teen vandalized two synagogues, a Jewish prayer house, a mosque and a church with racist slurs and white supremacist symbols including swastikas.
The teen cannot be named because he was a few weeks shy of his 18th birthday at the time of the offences.
He pleaded guilty in February to inciting hatred, mischief against religious buildings, threatening conduct, weapon possession and breaching conditions imposed after a previous conviction.
Earlier this month, Justice Peter Griffiths denied a request to have the 18-year-old sentenced as an adult.
The maximum sentence the teen could receive is three years in the youth justice system.
Crown wants DNA sample, police visits
In addition to another year in custody, the Crown is asking for two years of probation, a ban on weapons, an order to stay away from the religious institutions the teen vandalized, an order to submit a DNA sample, an order to stay at home between sunset and sunrise, and a ban on internet access and cellphone use.
Police should also be allowed to make random visits to the teen's home to ensure he abides by the curfew and internet ban.
And the teen should be encouraged to attend treatment and counselling, although he cannot be ordered to do so.
Crown attorney Moiz Karimjee argued in court Monday that the additional year of custody is necessary "for deterrence and denunciation."
He added that while the youth was in custody, he carved a swastika into a desk, attacked a Muslim youth who had just finished praying, and wrote an anti-Semitic slur.
Defence seeks release
Defence lawyer Jasna Drnda argued in court Monday that the teen should be released from custody with two years of probation.
The teen should get 14 to 15 months of credit for the nine months he's already served in custody, Drnda told court, adding that it's better for the teen to get help outside the youth justice system.
The fact that the teen pleaded guilty, was a minor at the time of the offences, expressed a desire to change and could have a serious mental illness are are mitigating factors, Drnda argued.
She opposes the DNA order and doesn't want police to be allowed to check his home or street, arguing that would violate the teen's Charter rights.
Teen apologizes
Asked by the judge whether he had anything to say in court Monday as sentencing submissions came to a close, the teen addressed the courtroom.
"I'm sorry for the people in the community that I've affected," the teen said.
He will be sentenced Thursday.
18-year-old progressing, judge says
Explaining his decision to sentence the teen as a youth earlier this month, Griffiths told court the public is best protected if the young man is rehabilitated, and he expressed concern that removing him from youth custody would cut him off from the counselling and vocational training programs he's been taking part in. Griffiths added those programs seem to have had a positive influence on the teen.
My hope is that it's a genuine change of heart and desire to grow.- Rev. Anthony Bailey
During the hearing, witnesses from the Youth Services Bureau of Ottawa's William E. Hay Centre said the teen is showing signs of progress.
They testified he told counsellors he's interested in finding out how to remove racist tattoos from his body, expressed an interest in mental health counselling, and has shown progress in paid vocational training while in custody.
Teen beat another youth while in custody
The judge noted, however, that while the teen was in custody in early June, he beat a Muslim youth who had finished praying.
"No one knows why he did it," the judge said during his decision.
The Crown also presented a number of concerns before the court, including a risk assessment from a forensic psychiatrist of the teen's likelihood of re-offending.
Some of those who submitted impact statements to the court for the November attacks against religious buildings expressed uncertainty over the decision not to sentence the youth as an adult.
"My hope is that it's a genuine change of heart and desire to grow," said Rev. Anthony Bailey outside the courthouse earlier this month, adding he hoped the progress noted by the judge wasn't just a "ploy" to avoid being sentenced as an adult.
History of violence
During several weeks of hearings, Karimjee presented evidence detailing a violent 12-month period prior to the November attacks.
His convictions include an attempted robbery in August 2016 for trying to rob a 73-year-old woman using a knife.
He had also been convicted of assault following an attack against another teen in the same grade at a local high school in 2015.
CBC reported on that conviction, detailed in an ongoing Ontario human rights complaint against the high school and the school board.
In the complaint, which is set to be heard later this fall, the family of the victim in the attack describes the teen as a troubled, violent youth with a penchant for engraving swastikas and hateful language onto students' property, school equipment, and even a teacher's car.
With files from Laurie Fagan