A Flin Flon man has received a one year suspended sentence for a July 2018 assault that sent a taxi driver to hospital.
During the Oct. 3 sitting of Flin Flon provincial court, attendees heard how Logan Beheyt’s girlfriend was hanging out the window of the taxi. When driver Sharon Robert got out to see if she was alright, Beheyt attacked her, throwing the then-63-year-old to the ground. Beheyt pleaded guilty to an assault charge and will serve a term of house arrest.
Robert told the court her collarbone was dislocated and she hasn’t fully recovered. She estimated it cost her over $20,000 directly and she’s changed her behaviour to be more cautious when dealing with customers, especially intoxicated ones.
“It used to be if we saw people walking, we’d pick them up,” she said in her victim impact statement, directly confronting Beheyt.
“You destroyed that trust.”
The sentence was a joint recommendation from the crown and defense. The agreement was made by a previous Crown prosecutor and not the current one, Anostin Grieves.
“I’m bound by other Crowns’ actions,” Grieves said, explaining why he wasn’t able to change the recommendation.
“The Crown speaks with one voice.”
Judge Theresa McDonald explained she is heavily restricted when the defense and Crown bring a suggested sentence to her.
“Both know the frailties and strengths of their cases,” she said.
McDonald said the standard to overrule a joint recommendation is if a person who is familiar with the law would find the sentence “crazy,” and this sentence didn’t meet that criteria.
Beheyt will only be allowed to leave his house for work, medical reasons or to meet with his probation officer. He’s also allowed four hours of personal time per week, which must be planned in advance with written permission.
“Many people think house arrest is weak,” she said.
“Most people would prefer jail. It hangs over your head for a long time.”
McDonald counted the fact the assault was against a working taxi driver as an aggravating factor, mentioning the Canadian Criminal Code will soon formally recognize taxi drivers as vulnerable, similar to emergency workers. Robert called for that action during her statement.
“The justice system has to set an example that taxi drivers are off limits,” she said.
“We’ve seen knives pulled and it only lead to mischief charges. [Taxi drivers] provide a public service.”
Beheyt was emotional when asked if he had anything to say and turned to face Robert to apologize.
“I’m sorry for all the pain and suffering I have caused you,” he said.
“There’s nothing I can do to fix it.”
McDonald was impressed with the apology.
“You’re the first person I’ve seen in 15 years who has turned around to apologize to the victim and not to me,” she said.
Before sentencing Beheyt, McDonald read a report detailing his history, including a troubled childhood. McDonald said what she read in the report made her sick to her stomach.
“There’s special conditions for Aboriginal people, as there should be, but you get that consideration as well,” she said.
Beheyt said he had been threatened and was fired from his job after assaulting Robert.
McDonald decried any threats or violence he faced.
“I’m not condoning vigilantism,” she said.
“This is for the courts to decide, not the community with threats.”
Briefs
As usual with the once per month docket days, the court tried to be efficient in dealing with dozens of minor appearances, including pleas, first appearances, and check-ins. Two separate youths accused of selling guns made appearances.
Daniel Hughes, a Flin Flon man facing several charges relating to sexual misconduct, made an appearance to tell the court he will be moving outside of the community.
Another accused had his court appearance in Manitoba put off for a few months because he was currently serving a sentence in Saskatchewan.
Eight warrants were issued for accused who did not show up to court. Six other warrants were issued, but held to give defendants an opportunity to make an appearance next month.
