Whitehorse Daily Star

Victim bled profusely after stabbbing

Stabbing a buddy twice and bragging about it afterward netted a young man 18 more months in jail this morning.

By Whitehorse Star on June 11, 2004

Stabbing a buddy twice and bragging about it afterward netted a young man 18 more months in jail this morning.

Though he didn't accede to the Crown's request of a penitentiary term, deputy Judge Dennis Overend said given Dezi Kouciah Graham's attitude, jail was the only option.

Graham, 23, was handed the jail term today after he was found guilty at a mid-May trial of aggravated assault by wounding Ken Quock, 24.

At a party both men were at last September, Graham stabbed his friend once in the hand an injury that required surgery and once in the chest.

The knife pierced into Quock's diaphragm, but that wound only needed to be closed by a doctor, said prosecutor Kevin Drolet.

However, after being stabbed, Quock bled profusely and had to seek assistance from a passerby on the street, who helped him to another house and called 911.

Graham, also known by the last name of Papequash, was later heard bragging about the attack at the party.

Quock doesn't have any lasting disabilities, nor does he bear any animosity to Graham, the court heard.

The law is supposed to protect the community, Overend said. Often, the best way to do that is to ensure a person doesn't reoffend, leading much emphasis to be on rehabilitation, particularly young offenders like Graham, Overend added.

The fact Graham stabbed Quock while he was on probation for a similar offence suggests he didn't learn very much from his previous experience, the judge continued.

In that case, Graham was given a six-month conditional sentence, but was sent to jail for the remainder of that term when he breached his conditions.

And, Overend said, given the young man's attitude, his rehabilitation isn't as important as it might have been if he'd shown a wish to change his ways.

There's no alternative but jail because of that probation breach and his general attitude, 'including his bragging about (the stabbing) after the fact,' Overend said.

'He seems to be uncaring about himself or what he has done,' Overend said, commenting on a pre-sentence report that examined the young man's background and the offence.

Sentences for aggravated assault can range anywhere from 16 months for fights that escalate to injuries to up to six years for attacks with weapons on people who had no chance to defend themselves, Drolet said, suggesting Graham's case fell somewhere in the middle.

Drolet suggested 30 to 36 months' jail, minus credit for the five months Graham has spent in jail before his trial and sentencing.

Sentences more than 24 months are served Outside in a federal penitentiary.

Defence counsel Gord Coffin pointed out Graham has only the one previous conviction and that the injuries weren't life-threatening when he suggested 15 to 20 months, minus time already served.

'They stitched him up. He was in hospital for a couple of days,' Coffin said.

Once he's released from WCC on his probation terms, Graham must stay away from booze and bars. He must also take any assessment and counselling for addictions or other problems that his probation officer directs.

As well, he must get and keep a job and live in a place of which the probation officer approves.

A 10-year firearms prohibition and a donation to the RCMP's national DNA databank are mandatory requirements of the conviction for aggravated assault.

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