R.C. Bottomley

The Lewis cousins were found guilty of aggravated assault following a jury trial, resulting from an attack that left Ryan Turcotte with a severe brain injury.

This decision outlines their sentences.

The court considered aggravating factors such as the unprovoked group attack, Turcotte's defenselessness, the high likelihood of serious injury, the extent of the injury, and the offenders fleeing the scene.

Mitigating factors included their youth, lack of prior criminal record, solid academic and work histories, strong family and community support, and the out-of-character nature of the offence.

The court emphasized denunciation and general deterrence as paramount sentencing objectives, imposing a sentence of two years less a day incarceration followed by three years probation for each offender, along with ancillary orders including a 20-year firearm prohibition, DNA sample provision, and no-contact orders.

The accused brought a pre‑trial application seeking exclusion of a police interview statement on the basis that their right to counsel under s. 10(b) of the Charter was breached.

The detainee repeatedly requested to speak with a specific lawyer, but police made limited efforts to contact that lawyer and suggested duty counsel after learning the requested lawyer practised civil litigation.

The court held that police failed to diligently facilitate the accused’s right to counsel of choice and did not provide the required explanation that questioning would be delayed until a reasonable opportunity to consult that lawyer had occurred.

Applying the test in Grant, the court found the breach serious and potentially impactful on the accused’s decision to speak.

The statement was excluded under s. 24(2), although the court held that the statement would otherwise have been voluntary under the confessions rule.