A Superior Court judge has ruled that a girl charged with assaulting Kenneth Lee before he was swarmed and killed be sentenced to nine months probation.
The girl is the fifth to be sentenced in the case, the first in Superior Court by Justice Philip Campbell.
The girl — 16 at the time — was part of a trio of teens in a larger group who first confronted Lee in a downtown parkette in December 2022 and “performed the first overt act of physical aggression,” the judge found — throwing a bag at Lee’s companion.
But afterwards, the girl’s participation in the attack effectively ended, leaving the parkette as the violence mounted, Campbell found.
When she returned to the scene after the attack — the other girls having already been made to leave by adult bystanders — Campbell acknowledged the girl assisted by flagging down a nearby ambulance. Those paramedics were the ones to attend to Lee.Ìý
Lee would be taken to hospital after it was discovered he was stabbed twice in the chest. A puncture to his heart lead to his death.
Eight girls, aged 13 to 16, were originally arrested in December 2022 and each charged with second-degree murder in Lee’s killing.Ìý
The girl’s defence lawyer, Daisy Bygrave, recommended Tuesday the girl receive simply a reprimand, saying she should not be lumped in with the actions of other girls who swarmed Lee.
“This is the person who was not there,” Bygrave told the court.
The Crown, Sarah De Filippis, asked for five months in custody followed by a year of probation. Based on the time the girl had spent in pre-trial detention and her treatment in custody it would result in her not spending any actual time in custody.
Campbell found a custodial sentence was not appropriate, in sentencing the girl to probation.
Since the charges were first laid, all of the girls have entered guilty pleas to lesser charges, with only one of those being rejected by the Crown.
This is how the court resolved or is resolving each of their cases, in the order they were dealt with:
- Girl 1: Was 13 in December 2022.ÌýPleaded guilty to manslaughter in the Ontario Court of Justice on May 30, 2024 ahead of trial.ÌýSentenced to 21 months probation on Oct. 1, 2024.
- Girl 2: Was 13.ÌýPleaded guilty to assault with a weapon and assault causing bodily harm in the Ontario Court of Justice on June 4, 2024 ahead of trial.ÌýSentenced to 12 months probation on Sept. 24, 2024.
- Girl 3: Was 13.ÌýPleaded guilty to manslaughter in the Ontario Court of Justice on June 17, 2024 ahead of trial.ÌýSentenced to 15 months probation on Sept. 16, 2024.
- Girl 4: Was 14.ÌýPleaded guilty to manslaughter in the Ontario Court of Justice on June 24, 2024 ahead of trial.ÌýSentenced to 24 months probation on Sept. 24, 2024.
- Girl 5: Was 16.ÌýTrial for second-degree murder began Feb. 3.ÌýPleaded guilty to manslaughter on Feb. 18, after evidence phase of trial was concluded. Set to be sentenced May 16.
- Girl 6: Was 16.ÌýPleaded guilty to assault on April 4, ahead of trial. Scheduled to be sentenced on May 6.
- Girl 7: Was 14. Pleaded guilty to manslaughter on May 5, the day trial was set to begin. Has yet to be sentenced.
- Girl 8: Was 14.ÌýTrial for second-degree murder began Feb. 3. Pleaded guilty to manslaughter at the outset of the trial, but plea was rejected by Crown.ÌýScheduled for judgment on May 30.
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