A 16-year-old Edmonton boy has been given a six-month deferred sentence — or house arrest — followed by 15 months' probation for a vicious attack the victim believes was provoked by her sexual orientation.
Youth court judge Danielle Dalton earlier found the teen guilty of aggravated assault in the April 17, 2010, attack on Shannon Barry near 96th Street and 75th Avenue.
On Thursday, she told the teen how much she struggled with her sentencing decision.
"I've lost a lot of sleep trying to figure out what to do with you today," the judge said.
Shannon Barry says she still feels the physical and psychological effects of the April 2010 attack. CBCBarry, 32, suffered a broken jaw, crushed eye socket and facial nerve damage when the boy kicked her in the head on Apr. 17, 2010.
While Barry, a lesbian, believes the attack was provoked by her sexual orientation, the judge did not see it as a hate crime.
"I stop short of calling this a hate crime but this incident was coloured by homophobia," she said.
The youth will serve his six-month deferred sentence at home. Under sentencing provisions of the Youth Criminal Justice Act, if the youth breaches any of his conditions, the deferred sentence will be revoked and he will be taken into custody.
The Crown told the court during a sentencing hearing last month that the teen should be sentenced to six months in jail; nine months if the judge finds the attack to be a hate crime.
The teen's lawyer called the boy's actions spontaneous and stupid, but not deliberate. She said jail won't help her client and argued instead for a six-month sentence to be served at home or in the community.
On his way out of court, the visibly angry teen spit on the floor.
Barry was not in court Thursday to hear the judge's decision.
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