A 19-year-old man has been sentenced to three months in adult jail and 12 months of probation after a "horrific, grotesque beating" of a teenager at the Burnaby Youth Custody Centre last September.
Mustafa Al-Sammarraie was in Â鶹´«Ã½Ó³»provincial court last week (Sept. 18) for sentencing after pleading guilty to one count of assault.
He had originally been charged with the more serious offence of assault causing bodily harm, but his 17-year-old victim did not co-operate with police and did not consent to the release of his medical records, according to agreed facts presented in court by Crown prosecutor Steven Black.
Adult in youth custody
The charge relates to an incident at the Big Bend facility on Sept. 23, 2023.
A four-minute security video shown during the sentencing shows Al-Sammarraie, who was 18 at the time, playing ping pong with another inmate in the centre's recreation room while their victim sits with his back to them playing a video game.
At one point, the video shows Al-Sammarraie and his co-attacker (who cannot be named under the Youth Criminal Justice Act) having a short discussion.
They continue playing but hit the ball off the table close to the victim.
At that point, Al-Sammarraie’s co-accused punches the victim in the side of the head twice before Al-Sammarraie joins in, repeatedly punching the teen with a closed fist and throwing a knee into his body.
The two continue to punch and kick the victim, who does not fight back.
Staff yell at the attacker to stop and eventually pull them off the victim.
A report on the incident said the victim appeared to lose consciousness, and the video shows his knees buckle as he falls to the ground.
Violent youth record
Al-Sammarraie was at the facility, which houses youth as young as 12, as an adult because he was awaiting trial for a violent knife attack a few months earlier when he was still 17.
In May 28, 2023, he stabbed his ex-girlfriend and one of her friends outside of the English Bay Cactus Club.
His girlfriend was badly injured, requiring emergency surgery to stop the bleeding.
Al-Sammarraie had been under conditions at the time for bear-spraying a girl and stealing a vape pen in October 2021.
He was involved in another bear-spraying in November 2022 while he on probation for that offence.
Black said Al-Sammarraie should be sentenced to five to six months in jail and 12 months of probation for the assault at the youth custody centre, which he described as a "horrific, grotesque beating of an unsuspecting victim."
Black pointed to aggravating factors, including that his victim was under 18 years old, the beating was planned, the attack was unprovoked, the victim was attacked from behind, the attackers had to be pried from the victim and the attack involved multiple blows and kicks.
Black also pointed to Al-Sammarraie's violent youth record and the fact he had been in custody for another violent offence at the time.
As mitigating factors, Black noted Al-Sammarraie's early guilty plea and that there had been no breaches on bail.
'Great strides'
Al-Sammarraie's lawyer, Paul Del Rossi said his client is a youthful offender and has taken "great strides" to rehabilitate, including going back to school, getting a job, reconnecting with his faith and abiding by his bail conditions, and should be allowed to serve his sentence in the community.
Del Rossi noted Al-Sammarraie was born in Iraq, moved to Syria when he was two, and came to Canada as a refugee via Turkey when he was 11.
Del Rossi said Al-Sammarraie has moved to Ontario with his family but had flown back to B.C. to attend his hearing in person.
"It would have been very easy for him not to come back and face sentencing today, but he has done so," Del Rossi said.
He said the plan would be for Al-Sammarraie to return to Ontario and serve his sentence in the community there.
Jail sentence
But B.C. provincial court Judge Harbans Dhillon had other ideas.
She ruled a sentence in the community would not be appropriate for Al-Sammarraie and sentenced him to three months in jail and 12 months of probation.
"I'm not satisfied that his recent gains outweigh the need for a deterrent and denunciatory sentence in a custodial setting," she said.
She told Al-Sammarraie she had taken into consideration that his co-accused in the "vicious, unprovoked assault" had not been given jail time.
"I am factoring in that he did not have the kind of background for offences of violence that you have and that it was important to distinguish your sentencing from his," she said.
After delivering her sentence, Dhillon urged Al-Sammarraie to take time to reflect on his life.
"This is a chance for you to reflect on where you want your life to go, reflect on the opportunities you can have in Canada as an immigrant to Canada," she said.
"Take the supports that are available … Go to school. Work hard. Be respectful, and don't let the last two or three years of your life govern the next 60 to 70 years."
Violent incidents at the youth centre
When asked why Al-Sammarraie, an adult, was being held at the youth centre, the Ministry of Children and Family Development said it could not comment on specific cases for privacy and confidentiality reasons.
But the ministry pointed to the Youth Criminal Justice Act, which says a person accused of an offence committed before their 18th birthday is considered a "young person" under the law and could be housed at the youth centre until age 20, when they would be transferred to an adult facility.
When asked how youth as young as 12 are kept safe at the centre, given the possibility of violent attacks by adult inmates, the ministry said all youth at the centre "participate in thorough assessments that guide decisions on placement and programming."
"Youth living arrangements within the custody centre are based on a variety of factors, including their order type (secure versus open custody, remand versus sentence), assessed level of risk, and their individual needs," the ministry said in an emailed statement.
If a violent incident happens at the centre, the ministry said Youth Custody Services undertakes a "comprehensive review," which informs recommendations to reduce the risk of future incidents.
All youth who witnessed or were involved in the incident participate in a "post-crisis debriefing," according to the ministry.
"The youths' mental and physical well-being are assessed, and necessary support is provided, which may include counselling, medical care, and other relevant interventions," the ministry said.
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