Whitehorse Daily Star

Image title

Photo by Whitehorse Star

‘This is a really severe offence’: judge

A man who slashed another man’s face with a knife in the McIntyre subdivision has received a 10-month custodial sentence with credit for time served.

By Gord Fortin on December 7, 2018

A man who slashed another man’s face with a knife in the McIntyre subdivision has received a 10-month custodial sentence with credit for time served.

Territorial Judge Michael Cozens sentenced Wesley Quash, 28, in territorial court on Thursday.

The incident dates back to Oct. 15, 2017.

Steven Smith was drunk and walking out in public. He was heading to his girlfriend’s home to play radio bingo.

He passed by Quash, who was in a parked car with his father also playing radio bingo. Quash was sober at the time.

Smith was being loud. Quash stepped out of the vehicle and asked him why he was being loud.

Smith stopped and said he was not being loud but had the right to be. He quickly approached Quash, who felt threatened.

Quash took a pocket knife he had purchased that day and swung it at Smith, leaving a deep gash from his chin to below his ear.

Cozens said this reaction was excessive even if Quash felt threatened. He added there was no need to use that level of force.

The injury has left a scar and caused nerve damage. Smith suffers from psychological injuries as well. He will have to take medication, as a result of the injury, for the rest of his life.

Cozens next touched upon Quash’s personal circumstances.

He said Quash’s family has been plagued with issues. Some family members were victims of the ’60s scoop, and others have a history with residential school experiences.

Quash’s father has spent time in jail. Quash himself was a victim of violence as a child.

His mother abandoned him at some point in his childhood. He would later learn she had died, but he refused to believe it.

This caused some hardship on the young man. He started drinking as a teen due to depression caused over his mother.

Cozens pointed out that Quash is seen as a good worker by his employer. He works in the mining sector.

The judge said there is conflicting information about Quash suffering from fetal alcohol spectrum disorder (FASD). That said, Quash reports that he knows his drinking leads to bad decisions.

Cozens said Quash has been trying to avoid Smith in an effort to “give him space.” He added Quash has stated he will never forgive himself over the incident.

The judge recognized that Quash needs a high level of supervision because he has demonstrated he is capable of causing harm. That said, he felt the risk of causing harm is low when Quash is sober. Should he drink, the risk will increase.

He pointed out that Quash has low cognitive abilities and does not suffer from mental health issues. That said, Quash has demonstrated a paranoia of others.

Moving to the sentencing, Cozens said Smith’s injury was severe.

He explained that if the wound had been just inches lower, it could have been a homicide.

He said neither man was looking for a fight and neither needed to respond to the other at any point during the encounter.

“This is a really severe offence,” Cozens said.

The judge clarified that he does not blame Smith for the incident, as he never intended to assault Quash.

He considered the severity of the injury and the use of a knife as aggravating.

As for mitigating circumstances, Cozens pointed to the Gladue factors reference earlier. He also looked at Quash’s work history.

Quash had taken this matter to trial because he felt he had been acting in self-defence.

Cozens said he would not be giving him credit for that, but he did recognize that Quash is remorseful for his actions.

He clarified that Quash did not take the matter to trial out of a lack of remorse.

The judge felt that considering Quash’s cognitive abilities, he can’t be held to the same standards as can others.

He felt Quash has shown he can be productive, so a sentence to promote that is needed.

With that, Cozens gave Quash to a 10-month custodial sentenced. He also awarded Quash credit for time already served. This totals 3 1⁄2 months.

Quash will also be subject to a 30-month probation order.

During this time, he is to have no contact with Smith and must stay in the Yukon. He will have to report to his probation officer upon release from custody.

Quash will have to perform 60 hours’ community service.

He will be bound by a 10-year firearm prohibition, must submit a DNA sample and pay a $200 victim fine surcharge.

Cozens considered imposing an alcohol ban on the man, but decided against it. He explained this might be a factor in Quash’s overall life, but concluded it did not play a role in the knife attack.

“I thought about it,” he said.

He clarified that he did not want to create a situation where Quash would end up back before the court over a breach.

Quash was taken into custody after the sentencing hearing.

Comments (9)

Up 16 Down 1

Groucho d'North on Dec 11, 2018 at 10:15 am

I say again, it's time for elected judges in Canada - it's long overdue.

Up 43 Down 1

Rural Resident on Dec 9, 2018 at 7:11 pm

‘This is a really severe offence’: judge - Wow, he got that right and understands the severity of this man's actions.
Then, he will be bound by a 10-year firearm prohibition, must submit a DNA sample and pay a $200 victim fine surcharge.

Wow, the $200 will really help the victim and the rest of the sentence will make us all sleep better at night. And of course the slasher felt very bad for the victim of his violence.

Think the message here is that we need protection from the learned judges. They seem to be tripping over their large judicial shoes to find the least punitive method of administering justice.

Up 16 Down 26

Habeas Animus on Dec 8, 2018 at 7:28 pm

@ End The Cycle - Programming and rehabilitation cannot be effectively performed because the judges and lawyers disempower those who come before the court with a victim narrative - They have sustained insult, they have sustained injury, and they have been harmed by those who benefit from their elevated positions in society, their privilege [Just not the lawyers and Judges].

The real evil here is the privileged, white middle classes who created the Gladue Factors that “cause” the substance abuse, community disorganization and violence... Bad white people!

Up 33 Down 4

Habeas Animus on Dec 8, 2018 at 6:14 pm

@ End The Cycle - Low level drug dealers, drug-seekers and marijuana chronics spend time in their vehicles. Sometimes the coco-nuts will free-base, smoke crack-cocaine in their vehicles. It happens a lot.

Michael Kenny - There was no understanding of the root cause of the violence here. To do so disempowers Mr. Quash from the consequences of “his” choices both good and bad. This is something that “we” as a society should find intolerable because through this lens there is no ability for rehabilitation.

This view of human behaviour or behaviourism has been relegated to the annals of psychology long put to rest.
PEOPLE HAVE CHOICE IN EVERYTHING THEY DO OR DO NOT DO!
Pretending they don’t is stupid.
We cannot be viewed as victims of circumstance. It cheapens life.

This is not a bold decision it is a dangerous one and it is a cowardly one. It tells everyone that there are no real consequences for your actions as you are not really in control of them.

Up 44 Down 5

Mac the Knife on Dec 8, 2018 at 8:54 am

Let the Gladue Games continue... May the odds be ever in your favour. Irony - Severe offences receive light sentences. As someone who has experienced violence in his life he knew the potential consequences of his actions when he lashed out with his knife.

This judgement, this decision does not demonstrate Mr. Quash’ accountability. Quite the opposite. Gladue factors did not cause nor contribute to Mr. Quash’ decision to cut Mr. Smith from chin to ear causing a life altering injury - changing Mr. Smith’s life forever.

Remorse - How about P-remorse? Judge Cozens is making statements that although he has the authority to make he has no actual qualification to do - No mental health concern but was paranoid? A well known symptom of marijuana use - especially for those with trauma - Which is by the way a mental health concern. But hey - because I said so!

Problem Child - AC/DC

What I want I take
What I don't I break
And I don't want you
With a flick of my knife
I can change your life
There's nothing you can do

I'm a problem child
I'm a problem child, yes I am
I'm a problem child
And I'm wild

Up 47 Down 2

End the cycle on Dec 7, 2018 at 7:05 pm

Quash had a bad start in life, many of us do but making the lives of others bad is unacceptable and only perpetuates the cycle of violence.
This guy will do 6 months, at best, and be out to reoffend before the leaves are on the trees. Meanwhile his (latest) victim is disfigured and has life long health issues. Will his victim get a free pass to harm someone simply because he was a victim?

There needs to be meaningful sentences, restitution, programming and rehabilitation.
Also, who the hell plays radio TV bingo in a parked car?

Up 3 Down 38

Michael Kenny on Dec 7, 2018 at 6:58 pm

I do not know either of the individuals involved but the circumstance is familiar to me. A thoughtful and inclusive decision-maybe even bold to really understand and take into consideration the real cause of the problem and not look for inappropriate jail time and 'justice' for society.

Up 56 Down 4

Guncache on Dec 7, 2018 at 6:42 pm

Wow!!!!! Knife someone and get a whole 10 months custodial sentence. Why not also give him a hug and a lollipop? What bearing does the 60's scoop have to do with it? You know right from wrong. I guess he knows if you do wrong nothing much will happen anyhow. How many centuries will they use for residential school excuses? We didn't all have a rosy upbringing but most of us opted for an honest life.

Up 55 Down 1

Gringo on Dec 7, 2018 at 5:19 pm

A whole TEN months....hold the presses! My lord what is this judiciary coming to....he SLASHED another persons face.

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.