Thomas Kruger-Allen received a five year jail term following sentencing in Penticton Supreme court this morning, March 5, 2021.

(STEVE ARSTAD / iNFOnews.ca)

Thomas Kruger-Allen was sentenced to a five-year jail-term in Penticton Supreme Court today.

Thomas Kruger-Allen, 23, pleaded guilty to two counts of assault and one count of aggravated assault in a May 3, 2019 incident at Penticton's Okanagan Lake Beach.

Victim Brad Eliason sustained life-changing injuries following a single, unprovoked punch to the jaw by Kruger-Allen after an altercation with two women at a beach party.

A sentencing hearing on Feb. 24 was adjourned to today after defence lawyer James Pennington claimed Kruger-Allen’s charter rights had been breached during his arrest at his fifth wheel trailer two days after the incident.

Justice Geoffrey Gomery ruled his rights weren't breached and said police were within their rights to enter the trailer in making Kruger-Allen’s arrest.

Gomery declined to accept Pennington’s argument for a sentence of 12 to 18 months after credit of 798 days for time already served. He said the violent nature of Kruger-Allen’s attack must be denounced with a prison sentence.

The judge noted the serious nature of Kruger-Allen’s assaults, which included punches to two women prior to his attack on Eliason. He said he has no doubt Kruger-Allen intended to attack Eliason.

READ MORE: Thomas Kruger-Allen

Judge Gomery stressed rehabilitation was a large factor in his sentencing decision but noted psychological and pre-sentence reports outlined Kruger-Allen’s continuing danger to the public until he gets “intensive, sustained treatment to prevent reoffending.”

After calculating for time already spent in custody, Kruger Allen will spend another two years, 297 days in prison.

The sentence means Kruger-Allen will spend time in a federal prison, where Judge Gomery said he would have access to aboriginal rehabilitation programs.

“Kruger-Allen, you have difficult work ahead of you, despite the difficult conditions you had growing up, you are responsible for your actions and their consequences. The challenge is to rise above your anger, grief and sadness and be the good person you have the potential to be. Your family and community believe in you. Good luck,” the judge said.

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