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No increase in jail time for assault causing brain damage
Manitoba’s highest court has refused to increase a two-year jail sentence given to a man who caused permanent brain damage to his victim.
The Crown argued the penalty imposed on Brent Barnsdale was "unfit," especially considering the catastrophic injuries he caused by beating his former friend in the head with a shovel. They were seeking up to five years behind bars.
But the Court of Appeal ruled this week that no mistakes were made by the sentencing judge which requires them to overturn the original decision.
"In summary, while, in my view, the sentence is low and not one that I would have imposed, I cannot say that, when the whole sentence is considered within the circumstances of this case, it is so low as to be unfit," Justice Holly Beard wrote in the decision released Tuesday. She said while the amount of actual jail time may be "lenient to excess," the fact it is also followed by three years of supervised probation brings it into an acceptable range.
The victim had part of his skull removed because of swelling on the brain and had to relearn how to walk, talk, eat and use the bathroom, court was told. He required physical, speech and occupational therapy, has major memory problems and continues to suffer from seizures and depression.
Barnsdale, 30, admits he attacked the victim in 2010 following a night of drinking alcohol, smoking marijuana and playing video games. They got into an argument which resulted in Barnsdale throwing a full bottle of beer at the man, hitting him in the face and injuring his eye.
Barnsdale then left his apartment suite to go "cool off" outside by shovelling snow, court was told. The victim soon followed, screaming at Barnsdale, "You’re (expletive) dead." Barnsdale responded by smashing the man in the head with the shovel at least three times.
Barnsdale immediately called 911 for help when he realized the damage he caused. He has no prior criminal record and spent 16 months out on bail without any issues prior to his sentencing last year.
The Crown argued the sentencing judge "overemphasized the principle of rehabilitation and underemphasized the gravity of the crime and the moral responsibility of the accused."
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