A sentencing hearing for Derek Boyd, the London man convicted of attempted murder after stabbing a woman in the parking lot of a St. Marys elementary school in February 2020, continued for a second day Thursday.
The defense lawyer for the 38-year-old London man convicted of attempted murder after stabbing a woman outside of a St. Marys elementary school has asked that her client receive a prison sentence of 10 to 12 years.
Derek Boyd was led back into Stratford Superior Court Thursday for the second day of his sentencing hearing after Crown lawyer Elizabeth Wilson called for a life sentence earlier this month
Boyd’s lawyer, Amy Robern, came equipped with a stack of case law from 10 other attempted murder cases from across Canada, most of which involved domestic violence.
Using those cases as a basis for her suggested sentencing range, Robern argued Boyd’s attack on his victim – a former girlfriend and employee – in her parked car in the Little Falls elementary school parking lot on the morning of Feb. 12, 2020, was not planned. Robert said the attack didn’t happen in front of the victim’s son, who was in the school at the time. Robern also argued the injuries suffered by the victim were not immediately life threatening, saying Boyd stopped his attack after the victim managed to escape the car and run to the school for help.
Boyd’s guilty plea last September, his willingness to seek counseling and the apology he read to the court during the first day of his sentencing hearing were also evidence of his remorse, Robern contended. The Crown’s recommended life sentence, the lawyer argued, was not warranted in this case.
Robern also asked Superior Court Justice Marc Garson to consider granting Boyd a total credit of 532 days for time served, which includes his pre-sentence custody, an additional 36 days to account for the impacts of the COVID-19 pandemic, and another 120 days for the six weeks he spent in pandemic lockdown at London’s Elgin Middlesex Detention Centre.
In her response, Wilson said Boyd’s circumstances were different than the cited case law, pointing to his recent history of violence. Wilson said the attack was not tied to any substance abuse or steroid use, noting he only stopped his attack after the victim alerted bystanders by kicking her car’s horn.
Wilson also said that courts had recently been handing out longer prison sentences for offenders convicted of attempted murder or violence involving an intimate partner.
Prior to making her submissions, Robern told the court she had applied to have a defence-commissioned report by forensic psychiatrist Dr. Julian Gojer withdrawn. That report was intended to shed light on Boyd’s mental illness diagnosis, his prognosis, his risk of reoffending and any recommendations that report’s author might have. While Robern didn’t explain her rationale for withdrawing the report, she did say it was a last-minute decision.
While Garson granted Robern’s request, Wilson argued the Crown should still be able to enter the psychiatrist’s report as evidence and, if warranted, call on Gojer to testify as an expert witness.
“In my view, I do not have the authority to bar the Crown from attempting to deduce evidence or call witnesses in a proceeding,” Garson said after giving Wilson a short break to find case law in support of her argument.
While Garson ruled he will hear testimony from Gojer, the Crown can only proceed after the defense is given as long as a month to prepare a cross-examination. Garson said both lawyers would also be able to modify or add to their sentencing submissions after listening to Gojer’s testimony.
Garson adjourned the case to April 8 at 10 am The judge said he would set a date for Gojer to take the stand if requested by the Crown.
In an agreed statement of facts read to the court after Boyd’s September guilty plea, Wilson said the victim was waiting for roadside assistance after noticing a puncture in one of the tires of her rental car. After opening the driver’s side door, Boyd lunged into the vehicle holding a large knife and, during the ensuing struggle, stabbed the victim twice, once in her right abdomen and again in her right shoulder. The knife passed between two ribs, through her liver and nicked her gallbladder.
The woman managed to escape through the passenger’s side door after kicking the car’s horn to alert people nearby, and ran into the main lobby of the school. She was rushed to Victoria Hospital in London. Multiple stitches and staples were required to close her wounds and emergency surgery was needed to repair damage to her abdomen.
In a victim-impact statement read to the court on March 21, the woman said she first met Boyd, the operator of two now-closed nutrition stores in London, when he interviewed her four years ago for a job so she could support her young his. She detailed how she ultimately tried to escape the abusive relationship she had with Boyd after learning he had lied about being diagnosed with stage 4 breast cancer.
Editor’s note: While the judge has lifted a court-ordered publication ban protecting the victim’s identity, the Beacon Herald is not releasing her name.