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Appeal Court refuses to lengthen jail term for attack

By: Mike McIntyre

Posted: 05/30/2012 1:00 AM | Comments: 0

THE judges may not like the sentence, but Manitoba's highest court will not increase a two-year jail term 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 a former friend in the head with a shovel. They were seeking up to five years behind bars.

Although sympathetic to the argument, the Court of Appeal ruled this week no mistakes were made by the sentencing judge that would require 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 jail time may be "lenient to excess," the fact it is followed by three years of supervised probation brings it into an acceptable range.

Part of the victim's skull was removed because of swelling on the brain and he had to relearn how to walk, talk, eat and use the washroom, court was told. He required physical, speech and occupational therapy, has major memory problems and continues to suffer 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 and Barnsdale threw a full bottle of beer at the man, injuring his eye. Barnsdale then left his apartment to "cool off" outside by shovelling snow, court was told. The victim followed, screaming, "You're (expletive) dead." Barnsdale smashed him in the head with the shovel at least three times.

Barnsdale immediately called 911 when he realized the damage he caused. He has no prior criminal record and spent 16 months 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."

www.mikeoncrime.com

Republished from the Winnipeg Free Press print edition May 30, 2012 B2

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