Courtroom Observation and Report

I attended a session in Courtroom 265 on September 20, 2012. The 28-year-old Defendant was being held in the Fort Saskatchewan Correctional Center on 3 separate charges, and this trial was his sentencing hearing.

While the Prosecutor and the Defendant’s lawyer waited in front of the Judge, the Defendant appeared on the television screen. His lawyer said that he was pleading guilty to mischief, possession of a weapon, and violating his probation. The Judge told the Defendant that the Prosecutor will explain each charge, and he can either agree or disagree with what has been said.

The Prosecutor started with the case of mischief. On June 26th, the Defendant’s parents phoned police because their son had wrecked their home while they were out. When they returned, they found him outside breaking windows with a hammer. After the Prosecutor finished, the lawyer revealed that his client suffers from schizophrenia. The Judge asked the Defendant if this series of events was correct, and the Defendant said yes. His guilty plea was accepted.

In the weapon possession case, the Prosecutor explained that some City of Edmonton workers were fixing a sidewalk when the Defendant approached and started yelling at them for “destroying” the sidewalk. He then took out a hunting knife and began waving it at the workers, who retreated to their vehicle to call police. The responding officer reported that the Defendant mentioned he was not taking his medication. The Defendant agreed with this statement, and the Judge accepted his guilty plea.

The Defendant then confirmed that he missed a meeting with his probation officer, and the Judge accepted his guilty plea for that charge as well.

The Defendant’s lawyer recommended that the Defendant serve a few days in prison, followed by two years of probation. He would still be able to visit his parent’s house as long as he had consent from his parents, and would also have to serve 50 hours of community service. The Judge was concerned about the Defendant being in a public setting, but his lawyer confirmed that he was being supported by AISH.

The Judge began asking the Defendant questions. He revealed that he was diagnosed with schizophrenia in 2005 and has lived on his own for 2 years. When asked about his medication, the Defendant did not give a reason why he did not take them. The Judge also asked what he felt about the last time he was on probation, and he responded that it was “alright”.

During sentencing, the Judge reminded the Defendant of the importance of meeting with his doctor and taking his medication. For violating his probation, the Defendant received 5 days in jail, which would be reduced zero due to his pre-trial custody. He received another 30 days for the weapon charge and 15 days for mischief, both reduced to zero, and 2 years of probation. He did not receive any surcharges because he is on AISH, but he is not allowed to carry any kind of weapon for the next 5 years. He will also have to submit a DNA sample to be put on file. His lawyer then reminded him to check-in with his probation officer as soon as he is released from prison because last time he forgot. The Defendant then left the room on the television screen and the Judge called up the next case.