Man who assaulted B.C. bus driver receives

[Locutus]

18-month conditional sentence, avoids jail





A young man who viciously assaulted bus driver Charles Dixon on a late night route in Burnaby last year has avoided jail.
Noting the aboriginal status of the assailant, Provincial Court Judge Karen Walker handed Del Louie, who just turned 22, a conditional sentence of 18 months, to be served in a rehabilitation house, 200 hours of community service, plus two years of probation.



Mr. Louie punched the driver after being told not to board the bus by the back door. His single punch shattered the orbital bone on the right side of Mr. Dixon’s face and caused several other injuries, including cognitive and psychological difficulties for the victim.
The attack took place more than a year ago, in February, 2011.
The crown had asked for a sentence of nine to 12 months, while Mr. Louie’s lawyer, David Silverman, had urged the judge to take his client’s aboriginal status into account, pointing to his troubled childhood and fetal alcohol syndrome.



more


Man who assaulted B.C. bus driver receives 18-month conditional sentence, avoids jail - The Globe and Mail

 

[wizard]

... just because the government says the accused assaulted someone doesn't make it so ...

... the inept canadian courts aren't capable of administering lawful due process ...

... bribes were probably paid to the crown to avoid a stiff penalty ...

 

[IdRatherBeSkiing]

... just because the government says the accused assaulted someone doesn't make it so ...
... the inept canadian courts aren't capable of administering lawful due process ...
... bribes were probably paid to the crown to avoid a stiff penalty ...

1. If he was sentenced, it has been proven in court.
2. That is true. The sentence is a joke.
3. The crown asked for 9-12 months in jail. For an assault, this is reasonable. If there were a bribe (which I doubt) it would be to the judge.

I don't see how this person's native status should have played into the sentencing for assault at all. That is a miscarriage of justice.

 

[wizard]

1. If he was sentenced, it has been proven in court.

... if he was sentenced it simply means he was sentenced. it doesn't mean anything's been proven ...

 

[SLM]

... just because the government says the accused assaulted someone doesn't make it so ...

What about the guy who was assaulted? Would you take his word for anything?


Assaulted driver argues plastic shields won’t protect transit workers - The Globe and Mail

From the article:

"Mr. Dixon said the man punched him in the head, which broke his right cheekbone and bruised his eye. Mr. Dixon’s 23-year-old son was on the bus and caught the assailant with the help of other passengers."

... the inept canadian courts aren't capable of administering lawful due process ...

Yes, they are capable of due process. It's the sentencing where it all falls apart.

... bribes were probably paid to the crown to avoid a stiff penalty ...

Bribes from whom exactly? The Crown was seeking imprisonment.

 

[CDNBear]

Everybody's bribing everybody!!!

It's all a huge conspiracy against the wiz.

 

[JLM]

... just because the government says the accused assaulted someone doesn't make it so ...
... the inept canadian courts aren't capable of administering lawful due process ...
... bribes were probably paid to the crown to avoid a stiff penalty ...

Absolutely right, but the victim's face resembling a cauliflower might be a fair indication! :lol::lol::lol::lol:

 

[IdRatherBeSkiing]

... if he was sentenced it simply means he was sentenced. it doesn't mean anything's been proven ...

I guess its the random sentencing thing. They really should stop sentencing people right off the street and only do it to people who have actually stood trial. :roll:

 

[CDNBear]

I guess its the random sentencing thing. They really should stop sentencing people right off the street and only do it to people who have actually stood trial. :roll:

Now you're getting the hang of it.

 

[SLM]

Everybody's bribing everybody!!!

We have to do something with all that Durry money!!

A gal can only party so much!

It's all a huge conspiracy against the wiz.

Is it really a conspiracy if we're being all open and honest about it?

I guess its the random sentencing thing. They really should stop sentencing people right off the street and only do it to people who have actually stood trial. :roll:

Sarcasm looks good on you.

 

[Roedy]

In Canada, there are a grossly disproportionate number of aboriginal people in prisons. The Supreme Court reacted by ordering judges to avoid sentencing aboriginals to prison. They made the presumption that racial prejudice was the problem. However, if aboriginals truly are committing a grossly disproporationate number of violent crimes, that is not an appropriate response. I suspect the root problem is alcoholism to which the native population have not yet evolved any resistance. Alcoholism is exacerbated by poverty and a lack of engaging activities in small communities. Fixing that is best way to reduce the violence.

 

[Cannuck]

I don't see how this person's native status should have played into the sentencing for assault at all.

He is disadvantaged.

 

[bill barilko]

This is one reason I haven't applied for a job with Translink.

 

[taxslave]

This is one reason I haven't applied for a job with Translink.

You're not disadvantaged?

 

[damngrumpy]

This is spreading things a little thin, accusing the Crown or suggesting the Crown
is taking or offered a bribe in plain language can land one in trouble. The same as
you cannot take a judge to task using the judges name in connection with the sentence.

As for what happened here, the judge took everything into consideration before a
sentence was handed down. I personally think there should have been a short and
definite stay in the crowbar hotel. Should he be given a long sentence in jail? No,
but the sentence should have been a little stiffer.
The public can always howl like hell because they don't like a sentence and that is fine
but the judge takes a lot of circumstances into consideration
The very fact that people get so personal shows why we should not have elected judges.
Every case is different every situation is different and the judge reflected the judges
sentence.

 

[shadowshiv]

18-month conditional sentence, avoids jail





A young man who viciously assaulted bus driver Charles Dixon on a late night route in Burnaby last year has avoided jail.
Noting the aboriginal status of the assailant, Provincial Court Judge Karen Walker handed Del Louie, who just turned 22, a conditional sentence of 18 months, to be served in a rehabilitation house, 200 hours of community service, plus two years of probation.



Mr. Louie punched the driver after being told not to board the bus by the back door. His single punch shattered the orbital bone on the right side of Mr. Dixon’s face and caused several other injuries, including cognitive and psychological difficulties for the victim.
The attack took place more than a year ago, in February, 2011.
The crown had asked for a sentence of nine to 12 months, while Mr. Louie’s lawyer, David Silverman, had urged the judge to take his client’s aboriginal status into account, pointing to his troubled childhood and fetal alcohol syndrome.



more


Man who assaulted B.C. bus driver receives 18-month conditional sentence, avoids jail - The Globe and Mail

I'm sorry, but whether or not the guy is a Native American should have NO bearing whether or not he should receive a proper sentence for an assault that HE perpetrated. Give me a break. A troubled childhood? Fetal alcohol syndrome? Like that's something that is only associated with being Native American. He committed assault, so he should be held responsible for that. Once again, however, the Canadian courts stomp all over the rights of the victims to receive justice while bending over backward to insure that the perpetrators are coddled. Ridiculous.

Everybody's bribing everybody!!!

It's all a huge conspiracy against the wiz.

I think I'm just gonna send a Police Hit-Squad over to his house. Heck, he may be able to bribe them after all.

 

[JLM]

I'm sorry, but whether or not the guy is a Native American should have NO bearing whether or not he should receive a proper sentence for an assault that HE perpetrated.

I've struggled over this and think there is justification for both schools of thought. Like with each of my kids I found there are appropriate punishments for each and what works for one doesn't necessarily work for another. With punishment I think the ideal approach is to do the minimum that will correct the situation, but of course it's difficult to guess what that minimum is. Also important is to try to find WHY the person offended.

 

[#juan]

I can't see rewarding bad behavior, particularly when someone is injured. Letting somebody off because of their native ancestry is nonsense. Reducing the sentence is fine but eliminating the sentence serves nobody.

 

[JLM]

I can't see rewarding bad behavior, particularly when someone is injured. Letting somebody off because of their native ancestry is nonsense. Reducing the sentence is fine but eliminating the sentence serves nobody.

Jail isn't always an appropriate sentence. If they can be managed by other means, so much the better.

 

[#juan]

Jail isn't always an appropriate sentence. If they can be managed by other means, so much the better.

This is not a reasonable citizen. If you can hit someone hard enough to break their cheek bone, you can hit hard enough to fracture a skull. He could have killed the bus driver. This young man is a danger to people around him and we've shown him how little we care about it.