BRANTFORD A man with 70 previous convictions for low-level crimes expected to serve just a few more weeks in custody when he stood for sentencing in Ontario Court last month.
Instead, Justice Gethin Edward substantially ‘jumped’ a joint submission by two lawyers, sentencing 38-year-old Justin McLean to another 18 months in jail.
Defense lawyer Alison MacDonald said her client tends to quickly plead guilty to minor offences, get out and return to the same behavior that got him arrested in the first place.
“He’s largely transient and has been homeless for the last 20 years,” MacDonald said, looking for about a six-month sentence, most or all of it in time already served.
But the judge strenuously objected, saying he’s concerned about the number of criminals who are pleading just to get out of custody and return to crime.
“Setting (McLean) loose sets him up for failure because he has absolutely no support. The second he’s out of custody, he’s back on the streets getting crystal meth and the cycle starts again,” Edward said.
“We don’t do him any favors by low-balling his sentence.”
Edward said the short-term benefit of clearing the cases is “basically killing the client.”
Judges rarely ignore the deals hammered out by Crown and defense lawyers unless the suggested sentence “brings the administration of justice into disrepute” which, Edward said, was clearly the case.
“Someone with 70 prior convictions getting a six-month sentence on resist arrest, possession of a weapon with intent to use it on police and threatening to burn property down? That brings the process into disrepute.”
McLean pleaded guilty to the three charges after being arrested in April when he was locked in a room and, when police tried to arrest him, threatened them with a piece of wood and said he’d burn the house down.
Assistant Crown attorney Josh Mociak said McLean’s record includes 38 charges for failing to comply with court or police orders, two robberies and five possession of a weapon offences.
Mociak said McLean’s pre-sentence report indicates the man doesn’t listen to anyone and always gets arrested again.
“The writer says there’s nothing we can do for this individual.”
MacDonald said that efforts had been made to connect McLean to services such as St. Leonard’s Society.
“Let’s state the obvious,” interrupted Edward. “There are no freakin’ services in this community. There’s nothing that even comes close to dealing with someone like your client.
“The court would like to make a recommendation for counseling and get him shipped to something that looks like a sensible Scandinavian approach to rehab in a residence where they can deal with his needs but that doesn’t exist in this province.”
Instead, Edward opted to use McLean’s 138 days of time-served on one charge and add another 18 months on the remaining charges with the court’s “strongest recommendation” that the man go to the Ontario Correctional Institute in Brampton for drug treatment.
“You can’t and don’t get help on the street so this sentence will hopefully go a long way to treating you. I know of many others who have spent time in custody and the light has gone on for them.”
@EXPSGamble