Latest news with #VictimImpactStatement
CTV News
14 hours ago
- CTV News
Warning graphic: Parents write ‘poignant' letter to deceased son for accused son's Windsor court hearing
An Ontario Superior Court of Justice building can be seen on Tuesday, April 13, 2021. (Michelle Maluske/CTV Windsor) Parents write a 'poignant' letter to their deceased son for their accused son's court hearing in Windsor. Warning: contains graphic content. An 18-year-old from Lakeshore has previously pleaded guilty to second degree murder for killing his 12-year-old brother. The crime happened in April 2023 at the family home when the accused was 16 years of age. As a result, a publication ban prohibits the media from reporting the accused age or any evidence which might identify him. At the accused sentencing hearing Thursday, the parents submitted a Victim Impact Statement in the form of a letter to their deceased son. Director of Crown Operations Belinda Pagliaroli read it into the record on the family's behalf: We don't know where to start. To say that our world was forever changed since the day we lost you is an understatement. There are no words that can adequately describe how much you are missed. Your life was the highlight of ours. From the moment you were born, you brought love, laughter and meaning to our lives. You were smart, loyal, caring and kind. An absolute joy and we are so proud of you. We miss you every minute of every day with every fibre of our body and soul. I hope you can understand that by continuing to support (the accused) it does not mean that we don't hold him accountable for what he did. Just know that as his parents also, we love him and want to help him. We know that he wishes he could take back what happened. We hope that (the accused) can get the help he needs and that we get the chance to become a family once again. We love you more everyday (victim). You are missed dearly by all you left behind – not only your family but your many friends. We carry you with us in our hearts wherever we go, and I wait impatiently for the time we can see you again. Love, Mom and Dad Justice Bruce Thomas called the letter a 'poignant message' that was unlike any he had heard in his long career on the bench. Youth vs. adult sentence The judge has been asked by the prosecution to sentence the accused as an adult. Crown Attorney Eric Costaris says that way, the youth will have access to the mental health services he needs over the long term but will also be placed under parole restrictions for the rest of his life when his time incarcerated is over. 'The youth system does not have a monopoly on counselling for mental health services,' Costaris argued. Costaris reminded the court, the Youth Criminal Justice Act automatically allows a youth sentenced as an adult to apply for parole after serving seven years from the date of the offence. The defence on the other hand wants the accused sentenced as a youth. They believe their client has started to show improvement with the help of the staff at a specialized facility since his arrest in April 2023. 'They want him to stay,' Julie Santarossa argued, telling the judge youth workers have a comprehensive plan laid out ready to begin to help the accused with his mental health. Court learned the accused has Attention Deficit Hyperactivity Disorder (ADHD) and a learning disability but does not have autism. The accused himself told police he has always been 'disconnected from his emotions'. Even after admitting to killing his brother, the accused had 'no feelings' about it and couldn't provide a reason for why he attacked his brother with a baseball bat that day. If sentenced as a youth, the accused would be incarcerated for four years and then serve three years of community service, starting from the date of sentencing. His lawyers have asked he not get credit for his pre-trial custody. They reminded Justice Thomas if there is 'zero progress' by the accused while incarcerated or serious concerns for the court, it can reexamine the sentence parameters. Justice Thomas will have his decision on Oct. 1.
Sunday World
3 days ago
- Sunday World
Stalker installed covert camera in victim's house and tracking device on car
JAILED | Jailing Shaun Dougan, District Judge Nigel Broderick told the 40-year-old, 'I cannot imagine a worse case of stalking.' Shaun Dougan who was jailed today Jailing Shaun Dougan, District Judge Nigel Broderick told the 40-year-old that having heard the facts and read the Victim Impact Statement, 'I cannot imagine a worse case of stalking.' 'Clearly this is a serious case,' he told Antrim Magistrates Court, sitting in Ballymena, 'it's not very often, thankfully, that the court has to sentence for stalking as it's a relatively new offence.' 'I have to say however, when I heard the facts and read the outline in the pre-sentence report, and in particular what I have read in the very detailed and thoughtful VIS, it's quite clear that your offending has had a profound effect on your former wife and the mother of your children,' he told Dougan. With the victim sitting in the public gallery just a few feet away from the dock, Judge Broderick told Dougan he was satisfied the case was so serious, it warranted an eight month prison sentence. Following an application by defence counsel Nadine Knight however, the judge granted bail pending an appeal of the prison sentence. Last month Dougan, from the Clooney Road in Ballymena and who runs the family furniture shop in Portglenone, entered a guilty plea to a single charge of stalking in that between 23 February and 7 April last year, he 'engaged in a course of conduct that amounted to stalking' and which caused the victim 'to suffer fear, alarm or substantial distress.' Initially, Dougan had also been charged with a number of other offences including harassment, unauthorised computer access, domestic abuse and the persistent improper use of a telecommunication network, but they were all dismissed after he admitted stalking. Opening the Crown case today, a prosecutor said those offences were all subsumed within the stalking offence which came to light in April last year after the victim discovered a tracking device had been attached to her car. She contacted police and told officers she suspected Dougan was the culprit but at that stage, 'there was no evidence to prove that.' Two days later however, she contacted police again 'to say that she had evidence to link him' to the device which had been cable tied behind the nearside, rear wheel. At that time, the victim also made a statement outlining a number of incidents which had happened over the previous two months including a friend alerting her that 'her ex-husband had accessed her Instagram account and had read private messages exchanged between the victim and a male friend.' That same day, Dougan 'arrived at her door in an irate state, shouting at her and calling her slurs including flea-ridden bitch and threatening that he would disclose messages to work colleagues.' The prosecutor told the court that having taken screenshots of the private messages, the victim felt that he was using them 'in an attempt to humiliate her and cause distress.' She changed her password but then received a notification that 'someone in the Ballymena area was trying to access her instagram account,' said the lawyer. Dougan sent the victim the screenshots of the messages, leaving her feeling 'embarrassed and distressed' and the court heard that he also sent multiple WhatsApp messages referring to the screenshots and to their children but 'in a way that she felt degraded as a mother.' Shaun Dougan who was jailed today News in 90 Seconds - June 17th A work colleague disclosed to the victim that Dougan had sent messages to her colleagues so 'the victim was forced to bring this to the attention of her manager,' perceiving his actions as intended to 'humiliate her in the work place.' The victim ended up having to take time off work and the court heard that on 3 March, in the space of a single day, Dougan called her a dozen times and bombarded her with 55 WhatsApp messages. He was threatening that he would disclose the screenshots to friends and neighbours if she did not respond to his messages. Having found the tracking device on 6 April, the following day the victim found a plug she had not seen before, at the back of her TV in the living room attached to a box which said 'amazon blink model 2.' 'She didn't know what it was but the following day, she was discussing the incidents with her manager and having to take time off work when her manager referred to her getting an amazon blink camera for peace of mind,' said the lawyer. It clicked with her then what the device was at the back of the TV and when she searched her home, the victim found a covert camera on top of the kitchen cupboards, an LED light covered in black tape. Arrested and interviewed, Dougan refused to answer police questions and he spent a month in prison before being granted bail. Lodging a plea in mitigation, Miss Knight conceded the marriage break down was 'particularly acrimonious' but that Dougan is 'entirely remorseful for his behaviour.' She told the court there had been 'ongoing tensions' between the couple and then when Dougan was told of an incident, 'he entirely overreacted and acted in a way that was unbecoming and unjustifiable.' 'He has expressed sincere remorse,' the barrister declare, adding that given his clear record, good work record and multiple character references, the court could follow the probation recommendation for an Enhanced Combination Order of community service and probation. Miss Knight confirmed that all of the people who 'put pen to paper' to write the various testimonials were all aware of the offences and what they entailed but Judge Broderick said the references 'do not sit well with the VIS.' 'Had the people you approached for references read the VIS, I think many, if not all of them, would have thought twice about giving a reference because the picture they pint is in no way connected to the experience of the victim,' said the judge. Imposing the jail sentence and five year restraining order, Judge Broderick then freed Dougan on £500 bail with conditions not to have any contact with the victim.
RTÉ News
15-05-2025
- RTÉ News
Man in court for offensive communication about then AGSI head
A 38-year-old man has appeared before Mullingar District Court charged with distributing or publishing a grossly offensive communication about the then general secretary of the Association of Garda Sergeants and Inspectors, Antoinette Cunningham. Andrew McGovern, from School Lane in Rathowen, Co Westmeath, was charged with distributing or publishing a threatening or grossly offensive communication about Ms Cunningham with the intent to cause her harm between the 16 and 30 March 2023, contrary to Section 4 (1) and (3) of the Harassment, Harmful Communications and Related Offences Act 2020. He appeared in court before Judge Bernadette Owens, who heard that a probation report directed on the 14 November last was not yet available in relation to Mr McGovern. The judge heard the injured party had attended court on every occasion and that she was keen that the facts of the case be heard and that her Victim Impact Statement be read to the court. Judge Owens said she appreciated this and she was not trying to be awkward, but she would prefer everything to be heard together. The case has been put back until 17 July when the full details will be heard.
