Sentencing delayed for nail-gun shooter
The sentencing date for a Pictou County carpenter who shot his co-worker Nhlanhla Dlamini with a nail gun has been adjourned until early 2020.
Shawn Wade Hynes was found guilty of criminal negligence causing harm and assault with a weapon in Pictou provincial court in September 2019. Both charges stem from the September 2018 incident which took place at a worksite in Abercrombie.
“He was convicted. That’s what happened, but now he gets to walk free for the next couple of months,” said Dlamini’s father, Buhle Dlamini, expressing frustration after the hearing on Nov. 15 which was the original sentencing date. “This is someone who harmed him intentionally and is allowed to walk in the community.”
However, missing information in the pre-sentence report has caused the adjournment.
This missing information includes character reference letters for Hynes, and a community impact statement which had been filed on Nov. 14, the day before sentencing.
“Usually those impact statements are filed well in advance allowing counsels to fully review the statements,” Judge Del Atwood said in giving his decision. “Time in filing is integral to prosecution and defence counsel for fulfilling those duties.”
Atwood also ordered that an update be made to the existing pre-sentence report to include a restorative justice component.
“The fact that Mr. Hynes did not enter a guilty plea and did not admit to his responsibility for his action, in my view, does not foreclose a restorative justice program referral,” said Atwood.
The new sentencing date has been scheduled for Feb. 6.