The accused, an Indigenous offender aged 21 at sentencing (19 at the time of the offence), pleaded guilty to aggravated assault.
The offence involved an altercation near a shopping mall where the accused tackled and struck a 14-year-old victim who was pulling out a knife.
The Crown sought 9-12 months custody, emphasizing the victim's age and injuries.
The defence sought a suspended sentence, highlighting the accused's lack of criminal record, positive prospects, Indigenous status, and the precipitating circumstances.
The court imposed a suspended sentence with three years probation, 200 hours community service, and various conditions, finding that custody would inappropriately overemphasize deterrence over rehabilitation and restorative justice principles applicable to Indigenous offenders.
