his responsibility is diminished due to the fact he grew up in el salvador, in which ‘violence is the norm,’ legal professional says
kitchener — an el salvador local who stabbed a teen inside the returned in kitchener remaining yr deserves a destroy on his sentence due to the fact he grew up in a violent united states of america, his defence legal professional says.
“he comes from a rustic wherein violence is the norm and conflicts are handled with violence, and that’s what he did in this example,” patricia king argued in kitchener court docket in advance this month.
“that diminishes duty due to the fact this is the behaviour that he has found out from his heritage.”
after a verbal argument with a teen he knew, the man, 19 at the time, stabbed him in the again as he become taking walks away. the victim, additionally 19, become unarmed. he required 25 stitches.
the assault took place at the night time of march 6, 2021, within the place of ralgreen crescent and overlea pressure in kitchener. after a trial, the cambridge guy was convicted of annoyed assault and ownership of a weapon for a dangerous motive. the knife become now not located.
advanced court docket justice gerry taylor puzzled king’s argument that the person has diminished obligation due to the fact he grew up in el salvador, which at one point changed into one of the maximum dangerous nations inside the world.
“isn’t that a really dangerous road to move down, that a court in canada justifies the use of violence to deal with a verbal dispute because that changed into what the accused found out in his home united states and consequently it’s appropriate conduct in canada?” he stated.
king: “i’m no longer saying that, your honour. it’s not appropriate at all.”
decide: “it seems to me that that’s what you’re saying.”
king: “i’m announcing that it diminishes his duty.”
judge: “so a person who is born in canada who stabs a person within the returned as they’re on foot away from a verbal altercation would be deserving of a particular sentence however a person who does precisely the same aspect who was born and spent childhood years in a country where violence was the norm is deserving of a lesser sentence? that’s what you’re pronouncing, is it now not?”
king: “that could be a found out behaviour, your honour. that’s what he learned, that’s what he knew and that’s why he did what he did.”
the assailant, who immigrated to canada in 2017 and is a everlasting resident, will in all likelihood be deported.
he fears returning to violent el salvador, king said. gang-related murders have surged, specially in huge towns consisting of san salvador, that is wherein he might possibly live if deported, she said.
“isn’t there some thing ironic approximately a person who’s convicted of a wounding, stabbing a person in the lower back, raising the problem that ‘i don’t want to live in a violent society’?” the judge stated.
“he’s experienced a lot alongside the ones traces in his existence, your honour,” king stated. “i don’t think everyone might not want to live in canada if they had to go back to that.”
whilst the man became younger teen, gang participants tried to stab him whilst he waited for a bus, his mom said.
the man has no previous document. he hopes to emerge as a dentist.
“he has a supportive family,” the decide said. “he has aspirations to similarly his education and emerge as a contributing member of society.”
king sought two consecutive sentences of six months less a day. the sentence would probable deliver her purchaser the right to appeal deportation.
crown prosecutor erin jamieson asked for a sentence of 24 to 30 months.
“the sufferer became turned away and was casting off himself when he became stabbed,” she said, including the assault was inexplicable.
the decide decided on 18 months in prison
“this became a vicious and unprovoked attack on an unarmed victim,” he stated.
“the network has a proper to count on that this kind of conduct with the resultant consequences will no longer be widely wide-spread. it’s miles suitable to send the message to (him) and others like him that resolving verbal disputes with a knife will not be tolerated.”