Judge scolds system giving offenders extra credit

One of two men who led police on a wild chase through the north end of Brantford while driving on the tireless rims of a stolen GMC pickup truck was sentenced recently, but it was the jail system that was scolded by the judge.

When Joshua Evan Beaver’s lawyer asked for extra credit above the normal one-and-a-half days for time already served, Justice Gethin Edward denied the request.

Edward said the justice system needs to address jail problems rather than giving convicted criminals more credit for time inside facilities that impinge on human rights.

“The individuals whose feet ought to be held to the fire – specifically the jail superintendents – seem to be getting a pass,” said the judge.

He noted that a landmark case about the notorious Don Jail in Toronto confirmed jail superintendents are responsible for the care, health, discipline, safety and custody of the inmates.

“The affidavit filed by the accused recounts the jail conditions of the last eight months of lock-downs — mainly as a result of staff shortages – unsanitary conditions, a lack of showers, clogged toilets.

“These complaints have been echoed in some form or another in these courts on almost a daily basis by individuals recounting their pretrial experiences.”

Beaver, 34, a Brantford man with a four-page criminal record that includes thefts, robberies and driving offences. developed such a serious infection while in jail due to an impacted tooth that he eventually had to be hospitalized.

The judge said the terrible conditions are leading to more cases of offenders getting extra credit.

In the case of Beaver, on Aug. 7 last year, police found him and a cohort passed out in a stolen pickup truck at the Lynden Park Mall. When they woke, boxed in by police cruisers, the men took off, hitting several vehicles, driving over a spike belt and leading a chase through a residential neighborhood.

Eventually, the pair ran away on foot and, when almost caught, they sprayed two officers with bear spray.

“The two police officers who were pepper sprayed have to see the appropriate sentences being reduced because of circumstances in the jails they have nothing to do with,” said Edward.

Sentence reductions can come in several ways.

‘Summers credit’ is normal: an enhancement of a day-and-a-half for each day of time served before sentencing based on a still-innocent person being exposed to harsh jail conditions along with their loss of freedom.

But ‘Duncan credit’ – which addresses extremely harsh conditions in jail – is discretionary, said Edward.

“We have proper sentences being reduced because of ‘conditions’ and nothing is being done to change those conditions.

“Having expressed those concerns, I’m satisfied with the Crown’s position of 18 months, which (already) takes into account jail conditions, so no further Duncan credit will be given.”

Beaver had pleaded guilty to four counts of driving while prohibited, two counts of assaulting a police officer, possession of stolen property over $5,000, dangerous driving, and failing to comply with an undertaking.

He was credited with already serving 14 months and sent back to jail for a further four months.

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