(ASHLEY LEGASSIC / iNFOnews.ca)
May 15, 2023 - 6:00 PM
A Kamloops teen who pummelled a 14-year-old boy with up to 25 punches to the back of the head while at a bush party will spend one year on probation.
According to a recently published Feb. 24 Supreme Court of BC decision, the teen was just turning 16 when he went to a bush party in March 2022 with about 100 other teenagers.
He'd been drinking alcohol and went over to the 14-year-old and put him in a chokehold and pinned him to the ground. He then punched him about 20 to 25 times in the back of the head until the 14-year-old went "limp" and lost consciousness.
"He got up and walked away, without looking back," Justice Lorianna Bennett said in the decision.
The 14-year-old came to and couldn't feel his legs. He was later carried out of the bush by paramedics on a bodyboard.
Multiple people filmed the attack and posted the footage online, which police then used to identify the attacker.
He was charged with assault causing bodily harm and pleaded guilty. His name not given in the decision because he's a youth.
In a victim impact statement submitted to the court, the 14-year-old said since the assault he became very anxious and paranoid.
"I wasn’t comfortable going outside or to school. I had panic attacks when needing to leave the house on a daily basis. I stopped seeing friends for fear of attack when out in public. I had nightmares and crippling anxiety. I struggled to attend school and required a modified program," the statement reads. "I stopped taking public transit or attending public spaces. I stopped socializing with (my) peers. I had a hard time attending school for fear of retaliation."
The 14-year-old suffered a concussion and had PTSD and migraines for six months afterwards. He said he suffers from confusion and has difficulty concentrating.
The decision says the Grade 11 teen who attacked him struggles with a learning disability and has ADHD. At the time of the attack, his medications were not "figured out."
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He has since got a job, gets counselling and volunteers with Aboriginal children and youth.
In a joint submission, Crown and defence lawyers requested the teen receive a discharge and then spend 12 months on probation.
However, in an unusual move, Justice Bennett disagreed with the submission.
While the difference between receiving probation compared to a discharge and probation is largely technical and relates to the length of time that a youth record is accessible, the Justice said that the level of violence involved meant the case didn't warrant a discharge.
"I find it aggravating that following the attack, (the teen) turned his back on the victim and walked away without looking back, and without any care or concern for the injuries he might have caused," the Justice said.
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Ultimately, the teen was sentenced to 12 months probation, which includes counselling, writing an apology letter, and 40 hours of community service, among other things.
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