Justice at last- Third Levy Attacker will spend 8 years in Jail

In a ruling applauded by everyone but the defense, Justice Kenneth Ball  sentenced the young man who severed Michael Levy’s spinal cord to 10 years in jail- less time served- leaving an actual sentence of 8 years.

While he entered the courtroom with his identity still protected under the Youth Justice Act, that protection was stripped when he was sentenced as an adult. Enrique Quintana’s sentence was 4 years more than what the Crown had actually asked for, sending a clear message to the young man that the heinous actions he committed will not be tolerated. His attorney has said an appeal will be filed.

http://www.cbc.ca/canada/british-columbia/story/2008/02/12/bc-ax-attack-sentence.html

Congratulations, Justice Ball.  Sounds like you actually reached down and found some. This sentence appears to be on the opposite end of the spectrum to those handed down to Levy’s other attackers. Perhaps in delivering this sentence, you will have now sent a message to this stunned young man that he will actually pay dearly for his actions. Enrique Quintana’s freedom is gone only for the next 8 years, unlike Michael Levy’s – his freedom was taken away forever by the attacker’s vicious and calculated actions. I would like to think that others may learn from this, but I doubt it. Not all Judges think along the same lines, some are bleeding hearts, some think we should be softer on kids, and will always rule within the confines of the Youth Justice Act. Leniency and forgiveness seem to be keystones of the highly ineffective Youth Justice Act, more so than punishment and actual justice. In order for justice to be served in this case, the offender had to be sentenced as an adult.

This link  will bring you to the REASONS for SENTENCING  regarding Enrique Quintana.  The quiet and vicious malice this offender displayed the evening of the attack is truly frightening. It is to be noted that while he grew up in a home with domestic violence, he suffers no definate psychiatric disorder and refuses to discuss his involvement in the attack or his guilt or innocence. He feels no remorse for the consequences suffered by Michael Levy or for the attack- at least not the kind of remorse that would show his responsibility for his actions. He appears to be a truly violent and dangerous young man. Reading this document sent chills down my back. http://www.provincialcourt.bc.ca/judgments/pc/2008/00/p08_0017.htm

There is still more to this story. Tuan Minh Nguyen, the attacker who was caught laughing after receiving his sentence, will be back in court shortly following an appeal of the sentence ordered by Attorney General Wally Oppal. No wonder he was laughing, his conditional sentence was to be served at home, and honestly, it amounted to nothing more than being “grounded”.  The reasons behind such a lenient sentence can be read here,  and read as nothing more than a big sob story. http://www.provincialcourt.bc.ca/judgments/pc/2007/03/p07_0386.htm

I hope Tuan Minh Nguyen is worried right now. I bet he’s not laughing after seeing the sentence handed to one of his friends, knowing he was caught in a bad, bad, way, laughing in the face of punishment. Let us hope that some justice will actually be served when the Crowns appeal is heard for a stiffer sentence, one that actually constitutes punishment.

If you are as offended by the leniency and ineffectiveness of the Youth Justice Act as I am, don’t just sit back and complain, do something about it ! You can make a difference. Click on this link, and you will find out how you can help press for changes to the Act.  https://lailayuile.wordpress.com/help-make-a-change-the-michael-levy-letter-writing-campaign/

10 Comments on “Justice at last- Third Levy Attacker will spend 8 years in Jail

  1. Before you break out the champagne, I think a little math is in order. After doubling his time served in jail and removing it from the 10 years we have 8 years and 3 months. A grand total of 99 months.

    However, because it is considered Federal Time ie: 2 yrs and up, he becomes eligible for day parole after 1/6th of his sentence. Full parole eligibility after 1/3 and MANDATORY parole after 2/3.

    Simply put he could be out on the street in 16 months, 33 months, or 66 months. Your parole system in action. Find God, repent, take a few courses, admit guilt and voila, Bobs your uncle.

  2. Hmmm, you’re right, I never got that far, so thank you for bringing that to my attention.

    16 months. He sounds clinically very hard, very likely to offend again. Of course, no report goes as far as to say whether or not the offender actually enjoyed committing the act, because he refused to speak to anyone interviewing him, including the psych team. Sounds a little like he gets off on violence.

    Why is it , and how were the parole eligibility guidelines determined? How is an 8 year sentence – which sounds just and fair -punishment, if the offender tows the line, “accepts God into his heart”, and plays it so he gets an early release?

  3. I think the theory is that it is very unwise to incarcerate someone for a few years and then unleash them into the community with no supervision or control. It also serves an incentive for good behavior in jail.

    With Parole, they can require the offender to meet regularly with a supervisor, regularly drug test them, and if he goes off the rails even a little bit, they can revoke the parole and throw the person back in the slammer…for a few days.

    I think 10 years should be 10 years. If you want to sit in jail and do a bunch of dead time before trial, that’s your problem; we shouldn’t reward it with this double time served credit crap. When you get out after 10 years, then you can have a long parole period to make sure you got your shit together.

    I guess that’s why I’m not a judge.

  4. Somewhere in the mists of the distant past it was decided at the Government level, that the emphasis in the prison, excuse me, corrections system, was to be on rehabilitation of the offender.

    The parole boards are a political appointment. Exactly what credentials do the incumbents have? Similar to the immigration boards?

    Two other points of interest: the past practice of “weekends” being used to serve ones sentence. How far did that go? Show up Friday night and get a weekend pass because of the next point. And the issue of overcrowding. What part does that play in the mix?

    There are simply not enough parole officers to keep up the necessary scrutiny of the myriad of offenders. Keeping out of trouble Jack? Good for you, I got no calls from the police in the last 2 weeks so you must be doing great. See you in 2 weeks.

    Ah, Simon, if you elected your judges you too could be a bencher, or in fact the Sheriff.

  5. While I’m sure it was done with the best of intentions, I don’t agree with the change of priorities from punitive sentences to rehabilitation. There needs to be a balance, and we clearly don’t have that right now.

    I see that the Conservatives have made some effort to speed up the passing of bill C-2 through the Senate; it will be interesting to see how that will affect the overcrowding issue as mentioned by Get.

  6. I agree Simon. From personally having worked with some offenders, and knowing some PO’s myself, the older they get, the less likely there is to be any kind of rehabilitation.
    Criminal records dont make great points on a resume, and there is so little support, as you pointed out.
    PO’s are swamped. The courts are swamped. The jails are full.

    So what do we do? Pick and choose who does time and who doesnt? Who gets to stay at home, and whos a threat to the community? Hedging bets , and wagering on the outcome.

    I also agree that a 10 year sentence, should be a full ten year sentence. Lets talk about parole after the fact. Not before or during. Wheres the punishment if you know you are going to be out in about a year or so? No deterrent, no reason to quit the life.

    I would like to see some work camps in the jail system. You know, a ball and chain around the ankle, black and white striped uniforms, and some hard labour. Earning your keep, so to speak.

  7. In similar fashion to our growing immune to petty crimes such as neighborhood vandalism, the “system” is evolving a lower threshold for allowing serious offenders out, and in fact with conditional sentences, even getting them into custody.

    So I assume Laila that you will not be joining the oust Arpaio movement…. http://www.arpaio.com/

    I have heard he has a special program for Holy Rollers. Maybe I’ll send tomax7 a link.

  8. “””I also agree that a 10 year sentence, should be a full ten year sentence. Lets talk about parole after the fact. Not before or during. Wheres the punishment if you know you are going to be out in about a year or so? No deterrent, no reason to quit the life.”””

    Ten years ehhhh? Oh sure, have to be extra polite to the victim and not have an untimely discussion about parole. Certainly wouldn’t want to punish him anymore. It’s all about precious time for Mr Levy at this point, barring a medical miracle.

    Other than machete slashfests in Africa, this is one the most inhuman crimes I’ve heard about in ages. The triple execution against a lonely cinder block wall in New Jersey last year is another one.

    Now what have you got? A jail hardened 28 yo psychopath with a ticket to ride. But no, it so often happens that reformed psychopathic cretins turn out to be the next Einsteins, Mandelas, Mother Theresas, twould be a crime to rob society of that with a life sentence.

    When he gets out, his stuff will still be (dangerously) viable. He can do his part to keep the Canadian gene pool in top shape if you just give him the chance to ball some laughing whores.

    Who knows? If he loses his saltpeter, calms down a bit, stays out of big trouble, he can think about turning his tale of abuse by the cruel Canadian system into book sales.

    It’s a safe bet that down here in barbecue country, this snake with a penis would be locked up till his balls shrivel to the size of a Canadian judge named Ball’s balls.

    All the while, Mike Levy won’t be gettin much.

  9. Send that little sociopath back to the amazon. This is Canada, not Tijuana where you can run around and act like a bunch of unstable orangutans twenty four hours seven.

  10. Good for you, Laila, for providing a link for normal citizens to send messages to our lawmakers – now if they would only listen!

    And another kudo to you for speaking well of this wise and daring judge. The sentence of young Enrique may yet be reduced by our appeal court but other cases have shown that sometimes media attention brought to these events and the awareness they raise can have an impact.

    Me – I’m hoping that Mr. Nguyen gets a cell right next to Enrique for the next 8 years.

    …Or 18 months.