Man sentenced to three years for role in gay-bashing death | Seattle P-I

[Ediacara]

Friday, December 19, 2003 · Last updated 6:11 a.m. PT

Man sentenced to three years for role in gay-bashing death

THE ASSOCIATED PRESS

VANCOUVER, British Columbia -- A young man has been sentenced to three years in custody for a manslaughter conviction stemming from the beating death of a gay man in Stanley Park.

The sentence imposed Thursday was the maximum under Canada's young offenders law. Two-thirds of the time must be served in closed custody.

The man, who was 17 at the time of the killing and cannot be named because of his age, pleaded guilty to manslaughter July 30 in Vancouver Youth Court.

Defense lawyer David Baker said he planned to appeal the sentence, which exceeded the 22 to 30 months recommended by prosecutors.

More at the Seattle Post-Intelligencer

[Langis]

1. WTF? only 3 years!

[QC]

2. And that's the maximum!

Unbelievable.

[tkulesa]

5. Oddly, I agree with 3 years

If he had been an adult I would be screaming for a much longer sentance. But he was a kid, and he was probably led into this. Kids are being over-criminalized. 3 years might be just enough to convince him to start his adult life as a reasonable adult. Maybe.

Yes, one of us lost a life because of bigotry, and 3 years is not nearly enough to balance the loss of a life, but I cannot agree with this trend towards treating kids like adults.

[Ediacara]

3. my thoughts exactly!

[David__77]

4. well, some countries still treat minors as minors...

Not everyone has joined Saudi Arabia, China and the US in treating minors as adults. I think the sentence is light, but it provokes an interesting debate about how we should treat 17 year old offenders--should it be the same as an 18 year old?

[demdave]

7. Yes, he should be treated as an adult.

He beat a man to death with a baseball bat, I don't need to see his ID like I am carding him for a beer purchase. Are you under the misconception that on your 18th birthday you suddenly gain some mystical insight into the line between right and wrong? ...."GEE, 11 month's ago I didn't know it was wrong to kill a person with a pool cue, my bad."

[Hobarticus]

12. Agreed.

This isn't stealing a pack of gum or a comic book, folks. If a person can't grasp the concept that beating someone is wrong, even if they didn't intend to kill them, then all the psychobabble in the world can't touch them. This thug's path was charted long ago.

[David__77]

14. I agree the sentence is too light.

But the question remains: at what age should we make an absolute cut-off, that we won't try someone as an adult? I'm just asking questions here.

[davidinalameda]

6. he was 17 though

it's not like he was 14--17 is close enough to warrant a longer punishment

[Ediacara]

8. my thoughts exactly

17, he really should know better.

heck, even 14, the max sentance should be higher, like oh, 5-10 years. Every 14 year old I've come across knows that killing is wrong....

[tkulesa]

9. If this was in GD

this would have turned into a flamewar about sentencing.

Instead, this is a polite thread were people don't agree. Wow.

[Rowdyboy]

10. I would take to the streets

If my partner/brother/nephew had been murdered like this and the punk got off with 3 years. Its inexcusable and sends the message that gay lives are of very little value.

[Cannikin]

11. They are acting out on what they've heard from their parents..

I'm sure he's heard plenty from his parents. They should get there share of the blame...IMHO Down here in redneck radio land, all I hear on gay issues is 'I'm teaching my kid that its wrong, its a sin..blah blah..(and my personal favorite) 'they'll all burn in hell!'.I keep thinking of the self-loathing I would have if my parents had been that way. Fortunately they were not. I feel pity for the gay children of these types of people. The attack itself could have been the product of self-hatred. I dont know the background of the case. But he's obviously been taught that the life of a homosexual has less value than that of everyone else.
Message to his parents: What a fine job you did bringing your son up in a stable, healthy & moral family.

[Flightful]

13. Actually, Canadian Law places no value at all on ANY lives

The most a young offender will get for first-degree murder is 6 years, most get less. Even adult offenders- a "life sentence" here usually means freedom in as little as 10 years. Back in the 90s a woman who participated in the kidnapping, rape and murder of three teenage girls got 12 years and is due for release next summer- with NO parole supervision.

[Liberal Veteran]

15. Well to be fair, if I understand the article correctly...

...he would have gotten the same if it had been a straight person killed. I also read up a little on the Young Offenders Act and from what I can gather, this is pretty much how the law works and that being tried as an adult is not very common at all, even in cases of murder, rape, manslaughter, and attempted murder. Indeed the law was passed because previously, most young offenders were basically treated like hardened criminals from the start.

We should take comfort in the fact that he was given the maximum penalty that he could be given under the circumstances and that said act puts a lot focus of rehabilitation instead of just punishment like our system here in the US.

It's particularly hard to say this is fair being a gay man myself, but I think it behooves us to understand their laws are quite different, and in many ways better than ours which puts more focus on rehab for young offenders than punishment. I think being reactionary has led to a lot of unfortunate laws being passed in the US that have led to some equally strange verdicts on the other end of that spectrum. I'd not like to see Canada follow in our footsteps when it comes to criminal law.

[Cannikin]

16. Yes, but the difference is, he would not have killed a straight

person.