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‘This case demonstrates the stress between (two Legal Code sections) in conditions the place each the male offender and feminine sufferer are Indigenous’
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Participating within the brutal stabbing of a Calgary lady who was left “lined 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 Court docket of Justice decide famous a big aggravating issue he additionally needed to contemplate was that Eagle Tail Feathers’ sufferer was a susceptible particular person, an Indigenous lady.
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“This case demonstrates the stress between (two Legal 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 “specific consideration to the circumstances of aboriginal offenders” when crafting an applicable sentence, but in addition contemplate 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 take into consideration the historical past of colonialism, displacement and residential colleges and the way in which by which that historical past continues to result in decrease academic achievement, decrease incomes, decrease requirements of residing, increased unemployment, increased charges of habit and suicide, and better ranges of incarceration for Indigenous peoples,” Tyndale mentioned.
He mentioned the studies into Eagle Tail Feathers’ youth “paint an image of Troy’s background replete with abuse, abandonment, habit, racism and bullying. Troy’s mom and each units of grandparents attended residential faculty.”
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However Tyndale mentioned there have been a number of aggravating elements 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 prices, 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 critical 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 imagine 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 tough questions. His proof was rife with inner contradictions,” the decide mentioned.
With credit score for pre-sentencing custody, Eagle Tail Feathers may 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
X: @KMartinCourts
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