Crown seeks banishment for man in Moose Factory assault case
Sentencing is delayed for a northern Ontario man accused in two physical altercations after an apparent plea bargain with the Crown goes sideways at a hearing Monday.
Shaquille Sutherland, of Moose Factory, was charged with numerous serious offences in connection with two assaults involving two different people in the small First Nation community on the James Bay Coast on April 10, 2022.
In addition to being charged with an attempt to commit murder with a firearm and threatening death or bodily harm, he is also charged with two counts each of aggravated assault, assault with a weapon or bodily harm, possession of a weapon for a dangerous purpose and failing to comply with probation orders.
The indictiment obtained by CTV News accuses Sutherland of beating up one man with a baseball bat and injuring another man with a knife.
Sutherland pleaded guilty to one count of breaching probation in a Cochrane courtroom Monday and in exchange, the Crown agreed to drop the remaining nine charges.
The hybrid hearing was held in person and over video conference, which became popular over the pandemic.
Justice Robin Tremblay, Crown attorney Paul Guevremont and Simon Kim working on behalf of defence attorney Alison Craig all appeared via Zoom while the accused was in the courtroom.
Tremblay found Sutherland guilty of the single charge he pled guilty to.
A problem arose when the Crown delivered a joint sentencing submission asking for three years probation with a stipulation that Sutherland stay out of both Moose Factory and the nearby community of Moosonee during that time.
The accused, who is currently serving time in prison until February 2024, spoke up and said he had not agreed to a banishment.
He expressed concern about not being able to go home for three years after he gets out of jail.
The Crown urged it was a key condition to the plea bargain.
Since Kim was acting on behalf of Craig, the judge allowed a brief recess so he could contact her.
When the hearing continued, Kim said Craig told him she did not recall agreeing to a banishment.
As a result, Tremblay adjourned the sentencing to Jan. 3 and advised the Crown that since banishments are not normally imposed by the court, evidence from the community and a Gladue Report will likely be needed.
Even when the Crown and defense make joint sentencing submissions, the judge ultimately decides the punishment.
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CTVNewsNorthernOntario.ca observed the hearing via Zoom and will continue to monitor the case and provide updates.
Background
The community of Moose Factory is just more than five square kilometres located on an island of the same name with a population of around 2,500 people. The northern two-thirds of the island is part of one of two Moose Cree First Nation reserves.
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