Penticton Western News

Male guilty of manslaughter breaches conditions

A Penticton man who pled guilty to manslaughter in the 2008 stabbing death of a man at Skaha Lake beach was back in court for breach of his supervision order.

Now 22 years old, the male who cannot be named because he was subject to Youth Criminal Justice Act when convicted, was found guilty of breaching his conditions for breaking his curfew and failing to report to his probation officer.

Justice Peter Rogers noted in his decision in Penticton Supreme Court on Monday that a knife and sword were found in the male’s room when he was arrested for the breach. He ordered the man, who has been in jail for 18 days already, another two weeks behind bars.

“I am satisfied of the breach in terms of the supervision order and he had breached them egregiously,” said Rogers.

It was in May of 2008 the male, who was then 16 years old, stabbed to death 25-year-old Windsor, Ont. resident Peter Deschaine. The stabbing occurred when a group of adults and youth who were partying clashed and a fight occurred on Skaha Lake beach. One man was injured in the fight with a nonlife threatening stab wound to the abdomen and Deschaine, who had been living at a Penticton campground, was killed.

In 2010, the accused qualified for an intensive rehabilitative custody and supervision order, which is available under the Youth Criminal Justice Act. An IRCS order, combined with the maximum jail sentence of three years, was the heaviest youth sentence available. His sentence included two years behind bars and one year under the supervision order.

Crown Counsel Vern Frolick said this is the third such occasion the male has breached his supervision order.

The man is to remain under conditions, which include a 6 a.m. to 7 p.m. curfew, until July of 2014.

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