The first teenager to be sentenced in the death of a Toronto homeless man will not face further time in custody and instead participate in a community-based program.
The girl, who pleaded guilty to manslaughter and was 13 at the time of the December 2022 attack on Kenneth Lee, was credited for 15 months of effective pre-trial custody and will serve another 15 months of probation under an Intensive Support and Supervision Program, which is designed as an alternative to custody for young people who have been diagnosed with mental health disorders.
Justice David Stewart Rose says the sentence reflects that the teen has taken accountability for her actions by pleading guilty, and experienced institutional malfeasance while in custody, such as being forced to strip naked during searches.
Police have alleged Lee, who was 59 and living in the city’s shelter system, died after he was swarmed and stabbed by a group of girls.
Rose said Monday this teen did not deliver the fatal wound to the heart that ultimately killed Lee, but said she did join the others in physically assaulting him.
While delivering the sentence in a Toronto courtroom Monday morning, Rose outlined the teen’s struggles with mental health, including ADHD.
He also listed a number of factors in making his decision, including that the teen pleaded guilty without reservation, wrote a letter of apology to Lee’s family and, in his view, has taken accountability for her role in Lee’s death.
Other factors, Rose said, include that the girl has already been held in pre-trial custody for over 200 days, was subjected to strip searches that have been deemed illegal and that she was transferred to remote detention facilities, which limited contact with her family, with little to no notice.
Seven other teens, who were between the ages of 13 and 16 at the time, were arrested and charged in the case.
Three others pleaded guilty in the case — two to manslaughter and one to assault causing bodily harm — while another four are set to stand trial next year — three for second-degree murder and one for manslaughter.
