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This article was published 9/3/2011 (3203 days ago), so information in it may no longer be current.
TWO Winnipeg teens have each been given a one-day jail sentence for a deadly beating at Gimli's Icelandic Festival.
The 19-year-olds, who can't be named because they were youths at the time, pleaded guilty to manslaughter for the August 2008 attack that killed 29-year-old Martyn Hendy.
Crown and defence lawyers struck a deal in which they jointly proposed a one-day sentence to be counted at their appearance in court last Friday. The killers were also given the maximum period of three years supervised probation.
Prosecutor Bruce Sychuk told court there were major problems with his case that could have resulted in the pair walking free without their admission of responsibility. Charges against three youth co-accused were previously dropped by the Crown because no witnesses could actually identify who was involved. As well, there were conflicting stories about what really happened.
Lawyers cited a controversial 2003 case from Winnipeg as grounds for the recommendation. In that case, a teen who killed a man with a pool ball in a sock was given one day in jail and 15 months probation by late provincial court judge Ron Meyers. That case was ultimately brought to the Supreme Court of Canada, which upheld the sentence and ruled deterrence can't be a factor when sentencing teens under the Youth Criminal Justice Act.
The accused were in Gimli at the time for the 120th annual Icelandic Festival of Manitoba. They had no prior connection to Hendy until they crossed paths on the street. Words were exchanged and alcohol was definitely a factor, court was told.
An intoxicated Hendy was knocked to the ground after raising his fists to the group, court was told. He was punched in the face and repeatedly kicked in the head, neck and chest by several people.
Hendy died of severe head trauma, although doctors couldn't say whether it was caused from a specific blow or from hitting his head on the pavement.
A court-ordered report shows both killers had no prior criminal records and were deemed low risks to reoffend.
Mike McIntyre grew up wanting to be a professional wrestler. But when that dream fizzled, he put all his brawn into becoming a professional writer.