Pubdate: Thu, 28 Mar 2002
Source: Sudbury Star (CN ON)
Copyright: 2002 The Sudbury Star
Contact:  http://www.thesudburystar.com
Details: http://www.mapinc.org/media/608
Author: Harold Carmichael

TEENAGER BEAT FELLOW STUDENT OVER DRUG DEAL

A Sudbury teen will be sentenced July 3 for punching a fellow St. Charles 
College student in the face so hard last October that two teeth were 
knocked out and four others loosened.

Justin Bigras, 19, pleaded guilty Wednesday in the Ontario Court of Justice 
in Sudbury to a charge of assault causing bodily harm.

Justice William Fitzgerald decided not to accept a joint submission by the 
Crown and defence for a four-month conditional sentence (a non-jail 
sentence with strict conditions) and one year probation. Instead, 
Fitzgerald ordered a pre-sentence report.

'Very Serious Matter'

"It's a very serious matter," he said. "It happened in a schoolyard ... It 
seems to me that you are a young man in the community in whose life there 
exists circumstances when you are able to apply excessive force to another 
person ...

"I must be satisfied that serving the sentence in the community will not 
endanger the safety of the community."

Moments earlier, Bigras apologized to the victim. Both the victim and his 
father had provided victim-impact statements.

The court heard from the Crown that the assault occurred Oct. 24 on the 
grounds of St. Charles College in New Sudbury.

Bigras and a male student whom he knew got into an argument over money and 
Bigras struck the other student in the face with a closed fist. The student 
lost consciousness. The victim lost two teeth and four others were 
loosened. Greater Sudbury Police charged Bigras. The Grade 12 student was 
suspended from school for one year.

Defence lawyer Claude MacMillan said the dispute involved a $5 marijuana 
purchase from the victim. MacMillan also said Bigras acted in self-defence. 
Bigras took more marijuana that he had paid for, leading the victim to 
gather several other people around him to surround Bigras.

'Struck One Blow'

Bigras was knocked to the ground repeatedly over a five-minute period 
before finally getting up and landing one punch, MacMillan said.

"He struck one blow," he said. "Obviously, the blow was a severe blow. But 
if you put yourself in the position of being continually pushed to the 
ground, it's only human nature you react in a violent manner.

"We're also dealing with people who were dealing with dope ... It's not a 
case of my client walking up to a perfectly innocent person.

"The victim was ripped off in a drug deal. He goes and gets others to try 
and mete out their own justice."

As Bigras left the courtroom following the setting of the July 3 sentencing 
date, he went over to where the victim was seated.

A few words were exchanged and the two shook hands.
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