June 18, 2009
Woman burns toddler, gets house arrest

WINNIPEG -- An Ontario judge has handed down one of the most egregious sentences I've seen in a long time to a woman who forced a toddler's hands into a pot of boiling water, causing fourth-degree burns.

For that, Superior Court Justice Helen MacLeod-Beliveau is the latest winner of the Eight-Ball Award, handed out in this column to highlight some of the worst perversions of justice in our court system.

As perversions go, this one falls on the severe side of the judicial spectrum, bringing not only Canada's administration of justice into disrepute but also plunging this country's justice system to a new low.

Unimaginable agony

Magan Marie Muir, now 24, was supposed to be caring for two children in 1997. Instead, she took the hands of two-year-old Damon Reddom Stone -- her then-boyfriend's son -- and plunged them mercilessly into a pot of boiling water.

The toddler's hands were immersed to his wrists, causing second, third and fourth-degree burns and weeks of unimaginable agony and pain.

Muir lied to police when they investigated the burns, which hospital officials immediately recognized as a deliberate act to cause serious injury.

Muir told police Damon was burned after he climbed up to the stove and knocked a pot of boiling water to the floor.

Unspeakable crime

Despite her unspeakable crime and the fact she attempted to obstruct justice by lying to police, Muir was given a conditional sentence -- or house arrest -- of 18 months by Justice MacLeod-Beliveau in a Belleville, Ont. courtroom Tuesday.

MacLeod-Beliveau argued during sentencing it has been proven jail time in cases like these is not an effective deterrent.

She also said Muir is not a danger to the public.

Not a danger to the public? She took a two-year-old's hands and dunked them into a pot of boiling water.

If that's not a danger to the public, I don't know what is.

MacLeod-Beliveau obviously didn't give much -- if any -- weight to the Criminal Code's sentencing principles of deterrence, denunciation and the overriding principle sentences must be proportionate to the gravity of a crime.

If she did, it would have been impossible for her to accept the joint-sentencing recommendation of the Crown and the defence, which she could have rejected.

But she didn't.

Instead, she said Muir's crime was simply out of character.

How thoughtful. Did the judge hand Muir a bouquet of flowers, too?

MacLeod-Beliveau also said no sentence could restore Damon's hands.

Yeah, we know that. We're not looking for a sentence that's going to restore his hands. That's political rhetoric, the kind of pablum soft, left-leaning judges regurgitate to support their pathetic sentences.

No, Justice MacLeod-Beliveau, we're looking for a sentence that follows the sentencing principles as set out in the Criminal Code.

We're looking for a sentence that denounces this crime and denounces it loudly.

We're looking for specific and general deterrence.

And most of all, we're looking for a fit sentence that is proportionate to the gravity of the crime.

That's what the law says you're supposed to do.

Unfortunately, MacLeod-Beliveau failed miserably on all counts.

She failed to ensure justice was served in this case and she contributed significantly to the rapid erosion of public confidence in our justice system.

Enjoy the Eight-Ball, MacLeaod-Beliveau. I'm sure it will look swell on your mantle.

For more, visit Brodbeck's blog Raise a Little Hell at winnipegsun.com. Reach Tom at 632-2742 or by e-mail at tom.brodbeck@sunmedia.ca.



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