A Delta dad who led a revenge posse against a Grade 9 kid who beat up his teenaged son at a Delta high school in 2009 has lost an appeal of his six-month prison sentence.
A publication ban prevents publication of his name because it would identify his son. There is also a publication ban on anything that would identify the youths involved in this case.
The Crown had argued for a prison term of 10 to 12 months for the man but provincial court Judge Paul Dohm sentenced him to six months in prison, two years probation and 50 hours community service after finding him guilty of two counts of assault causing bodily harm.
The crime happened outside a secondary school, the name of which was not revealed by the court.
The court heard the man had gone to the school with his Grade 10 son and two other youths, hunting for a Grade 9 boy who punched his Grade 9 son.
"The accused orchestrated a planned attack by armed men on a teenage boy in order to revenge a schoolyard punch to his son's face," trial Judge Paul Dohm said at the time of sentencing. "The attack was brazenly carried out just off the school grounds in front of many impressionable teenagers. The assault was unprovoked and vicious resulting in bodily harm."
When a Good Samaritan tried to intervene, Dohm noted, the dad "responded by savagely assaulting that young person in a manner designed to cause injury and pain, which in fact resulted."
The court heard that the dad head-butted the Good Samaritan in the face, chipping the individual's tooth and splitting his lip.
Dohm noted the dad had instructed two youths to "go after" the boy who had punched his son. One of these had a baton. After the youths caught up with the boy they struck him on his head and upper body. When the man and his older son arrived on scene, the dad told the other boys to let his boy "get in there." They did, and the Grade 10 boy wrestled with his Grade 9 enemy. When the younger boy appeared to be getting the upper hand, the dad moved in as though he was about to intervene. That's when the Good Samaritan responded, and was head-butted for the effort.
The Grade 9 victim suffered cuts and bruises, a goose egg on the top of his head, multiple contusions to his upper body, a swollen nose and black eyes. After the dust settled, the dad said to the teen "Are we all even now?"
"The accused's conduct and behaviour was senseless, malicious and outrageous," Dohm noted. The man appealed his conviction but that was dismissed in November. He then appealed his sentence, complaining he has suffered considerable anxiety, depression and distress over the matter and that the trial judge failed to take into account how his family would suffer if he was jailed because he was the sole breadwinner. He asked the Court of Appeal to alter his sentence so he'd only have to serve time on weekends.
Chief Justice Lance Finch dismissed his appeal. "I cannot say the sentence is unfit," he said.
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