Teen swatter gets 9-month sentence, will appeal
Appeal will likely focus on trial's duration, judge's decision against staying charges, defence lawyer says
A teenage hacker from Barrhaven found guilty of 34 charges including mischief and uttering threats in a rash of "swatting" incidents in North America received a nine-month sentence Thursday, but is being released pending an appeal.
The teen was 16 when he was arrested in May 2014, and is now a married 19-year-old with a child on the way.
He cannot be named due to the provisions of the Youth Criminal Justice Act.
The teen used an anonymous internet phone number to send thousands of dollars worth of pizza deliveries to victims before escalating to bomb threats, fake hostage-takings and reports of gunmen on the loose.
He targeted schools, shopping centres and homes in three provinces and five U.S. states.
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Appeal to focus on Jordan decision
In youth court Thursday at the Ottawa courthouse, Ontario Court Justice Mitch Hoffman sentenced the teen to nine months — six to be served in a youth group home and the remaining three to be served at home under strict conditions, including the seizure of his computer, according to defence lawyer Joshua Clarke.
But the teen was granted compassionate leave to attend the birth of his child.
He was also sentenced to 18 months of probation, including a ban on using Twitter and Skype.
The Crown consented to the teen being released on bail pending an appeal, Clarke said, which will focus on the judge's earlier decision against staying the charges.
Recent guidelines
Clarke had argued that delays violated his client's right to getting to trial in a reasonable amount of time, but Hoffman disagreed and chose not to stay the charges.
In July last year, the Supreme Court established guidelines for the time it should take from the time a charge is laid to the conclusion of trial.
Superior Court cases have up to 30 months to be completed, while provincial court trials like this one should be completed within 18 months of charges being laid — though that can be extended to 30 months if there is a preliminary inquiry.
There was no preliminary inquiry in this case, and it's been about 40 months since the charges were laid.