Family and friends of both victim and accused filled a Sechelt provincial courtroom Tuesday for the sentencing for a near-death beating with a lacrosse stick in Roberts Creek last year.
Nathan Cookney, 23, pleaded guilty to aggravated assault last November after Crown counsel decided to stay an attempted murder charge. This week, Judge Doug Moss from North Vancouver sentenced Cookney to three years in jail and a weapons prohibition. The Crown had recommended four to seven years in jail, while defence counsel asked for a 23-month conditional sentence followed by two years of probation.
In his decision, Moss said that because the accused excessively abused alcohol the night of the assault, there is a need for the sentence to meet specific and general deterrence and denunciation. "What occurred was a preventable tragedy as a result of your decision to abuse liquor that night," Moss said. "What occurred was an act of extreme violence."
There is a body of youth in the community who are involved in drinking to excess, Moss said.
"This sort of conduct will not be tolerated," Moss said.
In the Crown's submissions, Trevor Cockfield told the court Sunshine Coast RCMP found the victim, Edward Clarke, lying in a pool of blood on Flume Road while Cookney and his common-law spouse were walking along the road with towels. The evening of June 19, 2005 began with Cookney and a few friends drinking at a residence before heading to the beach. At the beach, they were eventually joined by Clarke, 39, who later returned with them to the residence. Cookney became upset over Clarke's comments about two of the young women there and later met up with him on the road after everyone had left, where words and possibly shoving were exchanged, Cockfield said. Cookney then went home, got a lacrosse stick, and returned to find Clarke, where he beat him about the head with the stick, Cockfield said. A neighbouring witness heard loud voices, saw the accused and called police.
Cockfield presented medical reports to the court describing the victim's injuries, including the "significant head trauma" being "definitely life-threatening." The doctors initially thought Clarke would not survive, Cockfield said."He will never again be able to live independently, according to the doctors," Cockfield said. Cockfield cited Cookney's criminal record of a school-yard assault at age 18, a theft and a breach of probation. He also cited case law on sentencing. He submitted the penalty should be at the higher end of the range because it was an unprovoked attack and a weapon was used.
"There was some premeditation because he decided to go back to the residence, pick up the weapon and go back where the victim was," Cockfield said.
Clarke's mother, Elin Sigurdson, then read a victim impact statement to the court.
"The fact that he is alive is truly a miracle," she said. "He was so badly beaten his face was unrecognizable."
She and the family sat with him in the hospital while he was in a coma.
"I felt as though I was living in a bad dream," she said. "This experience has been devastating. This has been and continues to be a gruelling and slow process. The doctors have told me he will never come home."
Speaking for Cookney, defence counsel Don Fair-weather acknowledged his client's actions resulted in tragedy for the victim and his family, and said it has also been a tragedy for the Cookney family, though not of the same proportion.
Fairweather also cited extensive case law on sentencing. He generally agreed with the Crown's description of the circumstances of the night but noted the timeline was confusing.
"Mr. Cookney was exceedingly intoxicated by everyone's accord," Fairweather said.
He said Cookney bringing the towels was an honest attempt to assist. He noted Cookney accepted responsibility from the outset and has shown remorse. Cookney never suggested to him that his actions were justified because of his perceived threat to the young women. He told the court Cookney has not drunk since that night and has performed faultlessly on bail.
Fairweather presented numerous letters of support from family, friends and community members, almost all saying the assault was out of character for him.
"There are other persons here today in support of Nathan," Fairweather said. "What he did that night is not the person they know."
He submitted Cookney's letter to the judge and family, in which he said how deeply sorry he is for his actions, that he is not a bad person and wants to remain a productive member of society.
"I can't stress enough how sorry I am," read Fairweather.
