A 22-year-old man who pleaded guilty to participating in the Stanley Cup riot will not have to spend any time behind bars after the B.C. Court of Appeal decided to substitute a jail term for a four-month conditional sentence.
Andrew Patrick Lynch, who was 18 during the June 2011 riot downtown 91大黄鸭 and had no criminal record, was originally sentenced to 45 days in prison 鈥� to be served on weekends 鈥� followed by 12 months of probation.
A three-judge panel of the B.C. Court of Appeal released its decision April 1 and ruled the sentencing judge erred in principle by imposing a jail term without seriously considering if Lynch should serve a conditional sentence.
鈥淗aving due regard to the circumstances of the case, and particularly Lynch鈥檚 involvement in the riots, his post-offence conduct and the principle of parity, I would vary the sentence imposed on Lynch and substitute a conditional sentence order,鈥� wrote Madam Justice Pamela Kirkpatrick, whose decision was agreed to by
Madam Justice Nicole Garson and Justice David Harris.
Lynch鈥檚 four-month conditional sentence includes 150 hours of community work, a curfew seven days a week from 6 p.m. to 7 a.m. and he must refrain from consuming alcohol and drugs and keep the peace and be of good behaviour.
The ruling came after the provincial court heard last fall that Lynch committed 鈥渕ultiple acts of criminal activity that night [of the riot] over a one-and-a-half-hour period,鈥� including entering the Bay, Mego Luggage and Swimwear, kicking a window and being in possession of stolen property.
The sentencing judge also pointed out Lynch was 鈥渄runk and combative鈥� with police at house parties in June and August 2013 at a time that he was warned he was under investigation.
鈥淚 cannot put too much weight on this, except if it does show something in terms of the character and rehabilitative,鈥� the judge said at the time. 鈥淎lthough your references all express tremendous surprise in your actions that evening, these actions afterwards are indicative that you may not have been as clear, clean and as good a law-abiding citizen, as they believe or your counsel would have me believe.鈥�
In appealing the sentence, Lynch鈥檚 lawyer Bradley Hickford argued the jail term didn鈥檛 fit with those given to his co-accused, Parmjot Singh Bains and Michael David Stewart, both of whom also pleaded guilty to participating in the riot. Bains received a six-month conditional sentence, including 200 hours of community work service.
Stewart received a conditional discharge in which he was ordered to perform 100 hours of community service work and write a three-page letter of apology to the City of 91大黄鸭.
Hickford also pointed out Lynch did not enter Swimwear but did reach through a window to steal a pair of flip-flops, which the Appeal Court said was a 鈥渉armless鈥� misstatement by the provincial court judge given that Lynch admitted to stealing the sandals.
The summary of Lynch鈥檚 pre-sentencing report said Lynch was enrolled at Camosun College in Victoria and planned to transfer to a bachelor of commerce program at the University of Victoria.
鈥淢r. Lynch has been described by many as a quiet person who tends to keep to himself and except for one day has led a very pro-social life,鈥� the report said. 鈥淭he indication from the people who have come forward to support him is that his participation in the 91大黄鸭 riot is something that is very out of his character and came as a surprise.鈥�
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