Mental health in question, man sentenced to jail for daylight assault of senior

A man who insists he is not mentally ill, despite misgivings of a doctor and a judge, has been sentenced to 22 months in jail for a vicious assault on a Charlottetown senior and other crimes.

John Tyson Boudreault, 23, pleaded guilty to all charges against him during a sentencing hearing Friday in provincial court. In addition to assault causing bodily harm, he was charged with unlawfully entering a home, resisting arrest and breach of probation.

"The bizarre behaviours show you were undergoing mental-health challenges at the time," said Judge John Douglas. "It lowers your moral blameworthiness."

Boudreault was homeless last June when he decided he wanted to assault somebody, "to relieve stress," according to facts read in court by John Diamond, the Crown prosecutor.

He came across his victim, Charlottetown senior Bill Mamye, 78, who was walking down a sidewalk on Kensington Road, carrying bags of groceries.

"He knew if he hit him, he would cause damage," said Diamond, referring to a doctor's report following a psychiatric assessment of Boudreault.

"He hit him with three haymakers," Diamond told court, quoting Boudreault's descriptions of blows he dealt Mamye, in statements during the psychiatric interview.

Mamye fell to the ground, bleeding. Boudreault hit him again, three more times, knocking him unconscious. Boudreault then ran away, knowing witnesses had seen what had happened. He spent the night in a tent in the woods, Diamond told court.

"As a result of the attack, the man ended up in hospital for several days," said Diamond.

I feel really terrible about it. I recently shed a tear— John Tyson Boudreault

The day after the assault, Boudreault walked into a house and — after calling out to make sure no one was home  —  decided to take a shower. The homeowner returned to find Boudreault in the bathroom and he called police. During his arrest, Boudreault kicked an officer and had to be physically restrained.

A mental-health assessment was completed in January. Court heard the psychiatrist reluctantly found Boudreault mentally competent, but noted that he displayed signs to the contrary, including paranoia. A prior attempt to assess Boudreault was inconclusive.

At sentencing Friday, court heard Boudreault had spent about eight months in custody, partly because it took so long to complete the psychiatric assessment.

"It was an institutional delay in getting the case before the courts," said the judge. "We have the benefit of a good report, but it shouldn't take eight months.

"This deserves a severe sentence … the more important thing is that you get mental help."

8 months of sentence remaining

Boudreault stood up in court as the sentence was passed, and said he's sorry for what he did.

"I just want to say I apologize to the victim for the ongoing alleged assault that happened. I feel really terrible about it. I recently shed a tear," Boudreault said.

Court heard Mamye, the man who was beaten, continues to receive physiotherapy for his injuries and has vision problems as a result of the attack.

Boudreault was given 12 months credit for the time he's already served in custody, so there is eight months left to serve.

When he gets out of jail, Boudreault will be on probation for three years and may have to wear an ankle monitor. He's also banned from possessing weapons for 10 years.

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