‘No adequate explanation of motive’

Judge reserves sentencing decision in cab driver assault

A provincial court judge will decide later this month whether a jail term should be a part of an appropriate sentence for a 14-year-old boy who brutally attacked a taxi driver with a broken beer bottle.

After hearing lengthy sentencing submissions Friday from prosecutor Steve Drake and defence lawyer Christa Thompson, Judge Diane McGrath adjourned her decision until Nov. 19.

Drake has recommended a sentence of nine months in custody followed by 15 months probation. Thompson recommended a sentence of 24 months probation.

The name of the youth, who pleaded guilty to aggravated assault and breaching a court order, is banned from publication in accordance with the Youth Criminal Justice Act.

In presenting the facts of the case, Drake said a Dynasty cab company driver was called to pick up a passenger on Sheriff Avenue in Sydney at about 3:30 a.m. on May 12.

He said the boy, who was 13 at the time, was the passenger and the $7 fare was paid by another person. The driver was instructed to drop the boy off at a Falmouth Street address.

According to the driver’s police statement, Drake said the youth asked the driver to turn right, to which he complied, and then found himself suddenly being struck on the side of his head with a beer bottle.

The driver made a distress call to his dispatcher while attempting to fend off the attack.

The bottle broke the second time it was thrust against the side of the driver’s head, which didn’t deter the youth, who was now in the front seat with the driver and continuing to slash him with the neck of the broken bottle.

As he continued to fend off the attack, while attempting to free himself from his seat belt, the driver noticed a Cape Breton Regional Police vehicle nearby and screamed loudly to attract attention.

The officer heard the cries for help and was able to remove the youth from the cab and call for medical assistance.

Drake said he driver suffered multiple wounds including cuts and gouges on his face, ear, wrist and palms. He was treated in hospital and released. The driver, a retired police officer, did not file a victim impact statement.

Drake said the youth told police the driver was taking him somewhere other than his intended destination. The youth also told police he blacked out and didn’t remember the details of the assault.

“There is no adequate explanation of motive and his account blames the driver,” said Drake, adding there was no evidence the youth had targeted the driver or was attempting to rob him.

At the time of the attack, the youth was on probation for mischief offences.

Drake suggested to the court that a jail sentence would be best for the protection of the community while providing a meaningful consequence to the youth.

He said cab drivers are extremely vulnerable when it comes to such crimes.

Both Drake and Thompson made extensive references to the youth’s background collected as part of a psychological assessment.

The youth was diagnosed at age five with attention deficit hyperactivity disorder but was not regularly taking his medication, as his father was taking the pills and selling them.

The youth was sexually assaulted as a child by a male, resulting in a fear of adult males which Thompson suggested resulted in the attack as the youth feared the driver was about to do him harm.

Thompson noted the family has a long history with child and family services involving a range of issues from domestic abuse to unfit living conditions.

After spending four days on remand after the attack, Thompson said the youth was released on strict conditions into the care of his grandmother where he is now making great strides to improve all aspects of his life.

She said he has returned to school, is back on his medication, which has significantly reduced prior violent outbursts, he is attending all his counselling appointments and has not recorded any breaches of his release conditions.

“His rehabilitation is well underway and he should be allowed to continue to develop the necessary coping strategies,” said Thompson.

She any disruption of his current community based support service could undo his recovery to this point.