Ontario Court Justice Lise Maisonneuve
is one very busy, actively engaged, philosophically ingrained and jurisprudence-dedicated individual. Ottawa is indeed honoured to have one such as she so deeply steeped in the niceties of the law and the social conditions in which we live among
one another, along with the predilection of some segments of society to make life miserable for others.
An acquired wisdom of balancing the need for society to file its lawful grievances and for an adjudicator to examine evidence and circumstances, resulting in a useful remediating
Sitting in a courtroom day after day must be a particularly dreary experience. Witnessing a long succession of problems surfacing one after another, as prime indication that all is not quite well in the state of human society.
As the dregs of the community are brought forward, from their holding cells where they have been incarcerated temporarily to ensure that polite society is shielded from their further predations. To stand, one after another, the sorry lot, to plead their case of extenuating circumstances causing them to 'act out'.
If disobedient children can be excused for their continual bouts of violently disruptive lash-back at adult authority, then why cannot socially immature sociopathic
elements of society whose so often sadly inadequate childhoods can be seen as deserving of forgiveness of the occasional society-afflictive
can be assured that their safety and security is a top priority with the police and with our judicial system, meting out sentences reflective of the severity of criminal acts.
In one day's newspaper reportage alone, a veritable stew of cases; the criminal offenders and their defence lawyers pleading mercy, and the victims, whose message of having been afflicted beyond human endurance, the presiding judge must balance to achieve a moderating influence; to satisfy the offended and the penitent.
For the offenders are always penitent; we know that because their lawyers assure us this is so. And the offended, whose lives will never be the same, rarely recognize justice when it is astutely and honourably presented on their behalf.
"Unbelievable", was the aghast response of a volunteer at an area ice rink who had been left permanently brain-damaged by what the presiding judge described a "callous, senseless and cowardly" attack. And the presiding judge sentenced 20-year-old Said Muddei
to 3-1/2 years in prison.
While Douglas Beardshaw
, at age 43, a father of two children, now relies on a cane to assist his perambulation. A beer bottle smashed over his head, then struck with a heavy object on his skull. Pre
-warned that the thug who resented his drunken behaviour at a public rink, had a knife and knew how to use it, before mounting the relentless attack.
An onlooker who came to Mr. Beardshaw's
aid hit with a shovel, shattering his orbital bone, knocking out a front tooth, kicked and stomped upon. "The level of violence inflicted on these two individuals by this group is atrocious and aggravating", said Judge Maisonneuve
. "It is important the sentence clearly sends a message to our community that this type of violence will not be tolerated." Rejecting the Crown's recommendation of 4 to 6 years' prison time.
Rehabilitation and reintegration into society are considerations of deterrence in the sentencing of youthful offenders.Therefore, with eight months' credit for time served in detention, the remorseful Muddei
has three years years left to serve. His accomplices, 17 year-olds
, found guilty also of aggravated assault, sentenced to 20 months; one scheduled for early release and several weeks of open custody and community supervision; the other 8-1/2 months of open custody and community supervision.
Whew, what a relief when the penalty is commensurate with the crime. There's more.
A 17-year-old fantasizing violent rapes, sentenced to 2 years' probation for what Judge Maisonneuve
spoke of as a "terrifying" intent to sexually assault women out walking their dogs at night in a local dog-walking park. He carried a backpack with yellow nylon rope, duct tape, sex toys, padlock and chins, lubricant and condoms. And he stalked three startled, fearful women in an hour and a half. Who obviously did not appreciate his very thoughtfully prepared backpack.
The wishful intent was never brought to fruition; the usefulness of cellphones and 911 calls cannot be over-emphasized. Ontario Court Justice Lise Maisonneuve
saw fit to reject Crown arguments for 6 to 12 months in a group home, and opted instead for probation, counselling and treatment, banishment from Conroy Pit and not to effect communication with the women he had stalked. A psychiatric assessment found the youth at worst a moderate risk to re-offend. Until he does.
More? Try this on: Ontario Court Justice Lise Maisonneuve
, while deploring the actions of a diagnosed pedophile, a retired OPP officer who sexually abused a 3-year-old girl on separate occasions, sentenced him to an additional 90 days, after permitting the offender 2-for-1 credit for almost 3 months of confinement in pre
-sentence custody. The Judge felt additional jail time would be more difficult for the 27-year veteran to serve than the 'average offender'.
, 70 years of age, whom wisdom appeared to have escaped in his sunset years, despite a lifetime of 'serving and protecting' the community as a member of the Ontario Provincial Police, was found to be usefully remorseful, admitting he was wrong to abuse a child. He was felt, by the presiding magistrate, to represent as a low risk for re-offending. Which will assist the assaulted child to adjust to her future, immeasurably.
And then there's the case of the 49-year-old man who befriended a disabled wheelchair-bound woman, 78, for whom he did odd jobs, and whom he embezzled out of thousands. Richard Dean Broome
also pleaded guilty to defrauding a 70-year-old man who lived in the same apartment building as he. Ontario Court Justice Lise Maisonneuve
to pay back $10,000 to each of his victims. And, oops, no criminal penalties will impact upon him if he perchance, does not give monetary restitution as ordered.
That's it folks. No, no it isn't!
There's another one, honestly there is.
An Ottawa woman who suffered the misfortune of being dragged by a car driven by a 17-year-old man answering her advertisement for the sale of an emerald and diamond bracelet. He grabbed the jewellery and fled with it, and she hung on to the departing vehicle. Her life will never be the same, having suffered a traumatic brain injury, fractured sinus wall, arm injury and broken teeth, clinging to the car. Until the teen slammed the door on her arms, and she fell.
"I get very emotional. I can't sleep at night", the woman confessed to Ontario Court Justice Lise Maisonneuve
during the sentencing hearing. The defence lawyer assured the judge that the teen is so remorseful his "heart breaks" whenever he thinks of how seriously the woman was injured during his little escapade. He even planned to write a letter of apology to the victim. The lawyer recommended two years' probation since time in a group home might set his future back.
Labels: Justice, Ottawa, Social-Cultural Deviations