Two girls involved in the alleged fatal swarming of a homeless man in Toronto have been sentenced to probation instead of facing further jail time. Justice David Stewart Rose acknowledged that their privacy rights were violated during strip searches while detained, but opted for a reduced sentence.
Two girls who admitted guilt in the alleged fatal attack on a homeless man in Toronto will not face further incarceration and have instead been sentenced to probation. One of the girls pleaded guilty last year to manslaughter in the death of 59-year-old Kenneth Lee, while the other pleaded guilty to assault with a weapon and assault causing bodily harm.
The girl who pleaded guilty to manslaughter will serve two years of probation and participate in a community-based program, while the girl who pleaded guilty to the assault charges will serve a year of probation. Both face additional conditions while under probation. Prior to sentencing, the pair requested that the charges against them be dropped, arguing that their rights under the Charter of Rights and Freedoms were violated when they were repeatedly strip searched while detained at a youth facility. Ontario Court Justice David Stewart Rose acknowledged Tuesday that the girls' privacy rights had been violated but stated that this should be rectified through a reduced sentence instead of a dismissal of proceedings. The judge also cited strip searches as a significant mitigating factor last year in sentencing two other girls who pleaded guilty to manslaughter in the case. Police allege that Lee, who was residing in the city's shelter system, was attacked and stabbed by a group of eight girls in December 2022. Two more girls are scheduled to face trial before a judge alone in Ontario Superior Court in the coming days on charges of second-degree murder. The remaining two are expected to be tried before a judge and jury in May, one of them for second-degree murder and one for manslaughter
Toronto Swarming Homicide Probation Charter Of Rights And Freedoms
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