Ont. justice cites COVID-19 for letting man in 'brutal' attack out of jail

TORONTO -- An Ontario justice has given no additional jail time to a man involved in a ‘brutal and unprovoked attack’ that left a woman unconscious for several weeks, citing concerns of an increased risk of COVID-19 in the prison system.

Robert Hearns of Leamington, Ont. pleaded guilty to the aggravated assault of Haifa Gebrail, whom he struck in the head with a bat in June 2018, fracturing her skull and lacerating her scalp.

“This was a brutal and unprovoked attack on a vulnerable and defenceless victim,” Justice Renee M. Pomerance wrote in the decision. “The attack has had a significant impact on her life, as evidenced by her own victim impact statement and that of her uncle.”

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Gebrail, 31 at the time of the attack, required surgery and remained unconscious for several weeks. She now suffers from a cognitive disability, post-traumatic stress disorder and nightmares.

Hearns, 44 at the time of the assault, had consumed meth before the attack and was addicted to the drug. He also has a “substantial” criminal record dating back to 1993 and was bound by four separate probation orders at the time of the attack, Pomerance wrote.

While awaiting trial and sentencing, Hearns had earned the equivalent of 1,001 days of time served in jail. Given the nature of the COVID-19 pandemic, Pomerance felt the time served was enough and added three years probation to the sentence.

“During these challenging times, people are being asked to call upon their sense of community, decency and humanity,” Pomerance wrote. “That humanity must obviously extend to all individuals, including those incarcerated due to criminal charges or convictions. There will be cases where release from custody is not a viable option. There must be consideration of the safety of the community and the need for a proportionate sentence. Where, however, a period of time served can address sentencing principles, even imperfectly, our sense of humanity tells us that release from prison is a fit and appropriate response.”

Pomerance also noted several mitigating factors in the decision, including that Hearns pleaded guilty, has taken steps to address his meth addiction, has remained sober since his incarceration and has pursued an education while in jail.

Hearns must attend regular counselling for the first 12 months of probation, avoid all contact with Gebrail and abstain from possessing or carrying any weapon.