Teen sentenced to 2 years of probation for manslaughter in scooter death of Shippagan boy
A teenager who struck an 11-year-old Shippagan boy in the head with a scooter two years ago has been sentenced to two years of probation in his death.
The teen, whose identity is protected under a publication ban, pleaded guilty to manslaughter last June. On Thursday, he appeared in Bathurst youth court.
Judge Joanne Durette accepted a joint sentencing recommendation from the Crown and defence, saying the sentence is primarily intended to promote the rehabilitation and social reintegration of the young offender.
No sentence could fill the void left by the victim and alleviate the pain felt by his loved ones, she said.
The harm done is catastrophic, Durette said, noting the case has divided the community and sent shockwaves through the Acadian Peninsula, in northeastern New Brunswick.
Court hears what happened that day
During the hearing, lawyers spoke at length about the teen's mental health challenges. According to the Crown and the defence, these challenges had a huge impact on his life and are closely linked to the incident that occurred Nov. 3, 2022.
An agreed statement of facts, read aloud Thursday by the Crown prosecutor, provided a detailed account of what happened.
A group of young people were playing basketball outside when the teen arrived on a scooter to tell a family member that dinner was ready.
The teen wanted to pass the ball to the victim but hit him in the face.
The victim began to insult the teen and threw the ball back at him. The other youths encouraged the teen and victim, who had known each other for a long time, to fight.
The victim invited the teen to fight and approached. The teen was afraid because the victim knew how to fight.
The victim then made a sudden movement, and the teen reacted by taking his scooter and hitting him in the head. The victim collapsed to the ground.
According to a witness, the teen appeared to panic and made a comment about his behaviour when he gets angry.
Victim died 2 days later
The victim was taken by ambulance to Tracadie Hospital and then the IWK Hospital in Halifax with serious injuries, including a fractured skull and bleeding in the brain. He died on Nov. 5.
The judge said the teen must abide by a number of conditions related to his place of residence, consumption of intoxicating substances and his treatment during his two years of probation.
The judge also ordered him to provide a DNA sample and has prohibited him from possessing a firearm for life.
Victim's family frustrated
The victim's family members quickly left the hearing, visibly frustrated.
"It's unbelievable. Disappointed is not even the word," the boy's father said, adding he thinks the sentence is too lenient.
Johanne Paulin Thériault served as the teen's defence lawyer. (Pascal Raiche-Nogue/Radio-Canada)
Defence lawyer Johanne Paulin Thériault said she understands the boy's family is still in mourning but it was a long-term effort with the Crown to arrive at the sentence, which was deemed appropriate.
She said she hopes it will allow the teen to reintegrate into the community.