Man Handed One Year Conditional Community Jail Sentence For Attacking Cabbie
Thinking that a taxi driver got fresh with his girlfriend and then taking the law into his own hands has earned a 27 year old Moose Jaw man a one year conditional jail sentence to be served in the community.
Michael Kenneth Clare Harris received the sentence this morning in Moose Jaw Provincial Court relating to a July 21st, 2021 incident. In that incident Harris confronted a taxi driver about allegations his girlfriend had made that allegedly the taxi driver made advances towards her earlier in the day.
Harris plead guilty to assault, uttering threats and mischief in relation to the incident. The Crown stayed two other charges related to what was described as an “unprovoked” attack.
In response to the what his girlfriend had told him Harris caught up to the taxi driver and while the driver was seated in his cab and on the job proceeded to punch the defenceless driver several times violently to the head.
The resultant attack caused the taxi driver to receive five stitches and scarring to his face.
“I told you I would fuck you up,” Harris said on camera to the taxi driver and off camera continued with the threat “if you go to the police we will kill you.”
Harris, who sat silently at the back of the court, did not dispute what he said.
Following assaulting the taxi driver Harris took out a pocket knife and proceeded to slash the tires on the cab, court was told.
Court also heard Harris had a minor criminal record although his most recent conviction was for a serious assault.
“Mr Harris admits it is an overreaction,” defense attorney Fritzler said about his client’s actions.
In a joint submission from the Crown and the Defence it was agreed justice would be best served with a conditional jail sentence to be served in the community.
While deciding upon the appropriate sentence Judge Brian Hendrickson first read over a provided Victim’s Impact Statement and accepted the injury as well as the costs - ambulance bill as well as the tires Harris punctured with his knife.
“In terms of motivation…he took the law into his own hands,” Judge Hendrickson said, after adding Harris had “by entering a guilty plea (he has) accepted responsibility.”
Court also heard Harris had wanted to deal with the matter earlier but there had been a delay in finding out what the financial restitution he would have to pay for his actions.
Judge Hendrickson did say “the previous conviction of an assault that is relevant now.”
Although the Victim Impact Statement was not read out in court Judge Hendrickson did make mention to some of the content and how it made the victim feel.
MJ Independent has decided to not print the victim’s name so as not to re-victimize the victim and place blame where it belongs the person who has admitted to committing the crimes. The victim is not guilty of any crime other than simply trying to earn a living.
Judge Hendrickson accepted a portion of the Victim Impact Statement but not the portion that the attack had other motivations beyond Harris’ vigilante attack against the taxi driver because of what Harris’ girlfriend had said allegedly occurred earlier.
“I understand the feeling but there doesn’t appear to be a racial aspect or anything like that,” Judge Hendrickson said about the Victim’s Impact Statement.
Portions of the Victim’s Impact Statement were mentioned by Judge Hendrickson about how the victim, a newcomer, now felt and the fear and other emotional impacts.
Judge Hendrickson agreed to the joint Crown and Defence sentencing agreement and handed down the conditional jail sentence to be served in the community.
The conditions of the sentence include:
be of good behaviour and keep the peace
maintain a midnight to 5 am curfew unless possessing pre-authorized written permission from the Court for the first four (4) months
provide a DNA sample within the next two days
not to contact the victim, be within five (5) meters of the victim, or be within 50 meters of the victim’s home or place of work
come to the door if his supervisor or the police conduct a curfew check
remain in Saskatchewan (jurisdiction of the Court) unless approved by the Court
speak when required by his supervisor throughout the sentence period
a weapon’s ban
receive written permission from the Court or his supervisor to change his residence address or name
report any changes to his occupation
surrender of the knife used in the attack
attend anger management courses as required by his supervisor
pay financial restitution of $1151.42
“If you are charged with a breach the judge has an option that would be to terminate that conditional sentence…and the sentence entire balance (remaining) could be converted to an actual jail sentence,” Judge Hendrickson warned Harris.
Due to Harris’ financial condition Judge Hendrickson waived the Victim’s Surcharge in its entirety.
Harris elected not to comment to the Court when afforded the opportunity to do so.