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Dylan Bennett was sentenced Friday morning at Provincial Court. (File photo/ paNOW Staff)
Crime

Drunken and jealous rage lands Prince Albert man 21 month jail sentence

Sep 23, 2022 | 5:00 PM

This story contains graphic details that may be disturbing to some readers.

A violent and bloody incident in Prince Albert’s East Flat area last year has resulted in a 21-month-old jail sentence for a man, who according to facts read in court, was acting in a drunken and jealous rage.

Dylan Bennett, 26, was sentenced Friday morning at Prince Albert Provincial Court. He has been in custody since the incident in July of last year.

After initially entering a not guilty plea last December to aggravated assault, Bennett changed his plea, thereby eliminating the need for a trial that had been scheduled to run for two days.

The incident itself dates back to July 31, 2021. Police were called to a residence in the 800 block of second St. E. A 23-year-old man was found suffering from life-threatening injuries and taken to Royal University Hospital in Saskatoon.

According to facts heard in court Friday, the man would remain in hospital for six to eight weeks, including two weeks in a coma.

Statement of facts

Crown Prosecutor Maureen Longworth explained Bennett and his girlfriend recently moved into the house and had been drinking the night prior and the morning of the incident.

At some point, his girlfriend becomes irritated with Bennett and tells him to leave. He then proceeds to leave with a male friend and goes to the friend’s house to continue drinking. While away, the girlfriend calls the victim, who was described in court as a good friend and asks him to come over to do some “day drinking”.

Later in the afternoon, around 3:30 p.m., Bennett returned home and found his girlfriend and the victim lying together sleeping on a futon in the bedroom.

Bennett became angry, and grabbed the victim by the feet, dragging him towards the door. While it’s not clear how long the assault lasted, the court heard Bennett, in the process of trying to remove the victim from the house, slammed the victim’s head against multiple walls in the house. When later questioned by police, Bennett confessed to what he had done.

“He just wouldn’t get up and leave,” Longworth said.

When police arrived around 6:30 p.m., there were blood smears in every room of the house as well as on the fridge, doors, and walls. The victim was dragged out of the front door and had fallen off the deck. A neighbour called 9-1-1 after overhearing gurgling and moaning from the victim.

Longworth explained the victim, who had been time with roommates with Bennett, had no chance to defend himself and when he tried to get up, was kicked back to the ground. Reading from a victim impact statement, Longworth said the victim suffered multiple head injuries and is still currently undergoing physio.

“It’s obviously a life-altering act,” she said.

She added that while he has regained his ability to speak, he is unable to return to work and suffers from headaches and dizziness.

Prior record and the relationship

In Feb. 2020, Bennett was charged with a similar offence in which he stabbed a man in the neck he had found with his girlfriend. Last November, he entered a guilty plea to aggravated assault and received a 21-month sentence which ended Friday.

The same woman was involved in both incidents, and according to Longworth, assisted Bennett in trying to remove the victim from the house.

Defence

Ron Piche explained had the case gone to trial, there would have been a number of challenges for the Crown, including the victim’s loss of memory, reliable witness testimony, and a potential charter issue related to the “oppressive” police interrogation that occurred over a four-hour period.

Piche went on to explain his client had deep remorse for what he did and compared the person who committed the act, and the person he had talked to, as two different people. He cited Bennett’s soft-spoken and polite nature, ambitions to complete his Grade 12, and the fact he had been looking after his younger brothers.

As with any case where the accused is of indigenous ancestry, Gladue factors must be considered at sentencing. This includes but is not limited to challenges related to colonization such as generational impacts from Indian residential schools and foster care.

During her submissions, Longworth explained Bennett had significant Gladue factors, including a history of alcohol abuse in his home growing up, and being brutally assaulted by his uncle at the age of 21.

Piche shared how Bennett’s uncle had stabbed him four times before leaving the residence and setting it on fire. Piche then questioned what impact acts like this have on a person’s current mental state.

“This is not a case where we throw away the key,” he said.

When given the opportunity to speak, Bennet apologized to his victim, his victim’s family, and to his own family.

“These actions do not reflect the person I am,” he said, adding he will now take the time to reflect on what he did and was committed to improving.

Comments from the judge

Prior to agreeing to the joint submission proposed, Judge Healey looked directly at Bennett and explained he was shocked, horrified, and appalled by the facts of the case.

“Your actions were just truly disgusting and horrific,” he said.

Healey also acknowledged Bennett’s short criminal record and the fact he was educated and had family support.

“That’s more than a lot of people can say,” he commented.

Several of those said family members were also in attendance for Friday’s hearing. Further noting Bennett’s criminal record was directly tied to alcohol use, Healey went on to remind Bennett had he not been drinking that night, he likely would not be in the place where he is.

“You should never drink again sir,” Healey said, also reminding Bennett had the victim died or had the case gone to trial and the Crown won, the sentence could have been much longer.

The 21-month jail sentence starts Friday, and upon his eventual release, Bennett will be on probation for a period of 20 months which will include a curfew and abstaining from drugs and alcohol.

nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell