‘This case demonstrates the strain between (two Prison Code sections) in conditions the place each the male offender and feminine sufferer are Indigenous’
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Collaborating within the brutal stabbing of a Calgary lady who was left “coated in blood from head to toe,” has landed a Siksika man a 5 1/2-year jail sentence.
Justice Mark Tyndale on Wednesday famous Troy Eagle Tail Feathers had a tragic Indigenous background which referred to as for a extra lenient sentence than what would in any other case be applicable.
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However the Calgary Courtroom of Justice decide famous a major aggravating issue he additionally needed to take into account was that Eagle Tail Feathers’ sufferer was a susceptible particular person, an Indigenous lady.
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“This case demonstrates the strain between (two Prison Code sections) in conditions the place each the male offender and feminine sufferer are Indigenous,” Tyndale mentioned.
One part of the code says courts ought to pay “explicit consideration to the circumstances of aboriginal offenders” when crafting an applicable sentence, but in addition take into account the vulnerability of a sufferer to be an aggravating issue.
In handing down a sentence close to the six-year time period sought by Crown prosecutor William Tran, Tyndale acknowledged Eagle Tail Feathers had a tragic upbringing.
“A sentencing court docket should keep in mind the historical past of colonialism, displacement and residential colleges and the best way wherein that historical past continues to result in decrease academic achievement, decrease incomes, decrease requirements of dwelling, larger unemployment, larger charges of dependancy and suicide, and better ranges of incarceration for Indigenous peoples,” Tyndale mentioned.
He mentioned the experiences into Eagle Tail Feathers’ adolescence “paint an image of Troy’s background replete with abuse, abandonment, dependancy, racism and bullying. Troy’s mom and each units of grandparents attended residential college.”
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However Tyndale mentioned there have been a number of aggravating components to justify a sentence above the three years proposed by defence lawyer Vincent Guinan.
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The decide convicted Eagle Tail Feathers of a number of expenses, together with aggravated assault, kidnapping and driving whereas disqualified for his function in an April 29, 2022, assault by his sister, Patricia, on Colynda Beardy.
“These convictions, notably for aggravated assault and kidnapping, are very severe offences,” Tyndale mentioned.
“Mr. Eagle Tail Feathers’ lively involvement within the fee of those offences means his ethical culpability is excessive.”
The decide convicted Eagle Tail Feathers final June, rejecting his claims of innocence.
Tyndale mentioned he didn’t consider a “scintilla” of the offender’s declare he didn’t help his sister within the brutal assault on Beardy.
“He was evasive in responding to troublesome questions. His proof was rife with inside contradictions,” the decide mentioned.
With credit score for pre-sentencing custody, Eagle Tail Feathers could have one other 31 months to serve.
Patricia Eagle Tail Feathers, who pleaded responsible to her involvement within the assault, is to be sentenced subsequent week.
KMartin@postmedia.com
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