BY KEITH LACEY
A young man from Winnipeg who urinated on a war memorial in a downtown Sudbury park was sentenced Wednesday to 60 days in jail on top of one month he's already spent behind bars.
Calling the acts of Shaun Morris, 21, "disgraceful", veteran judge Guy Mahaffy said he must send a message to this accused and others the courts will not tolerate such disrespectful behaviour.
The fact Morris already has a lengthy criminal record at age 21 played a significant role in his judgment, said Mahaffy.
Court heard Morris has a previous conviction for aggravated assault and several for breaching court orders.
Morris was arrested just past midnight July 26 after police officers observed him urinating on a Navy League monument in Memorial Park in downtown Sudbury.
Morris fled on foot and it took officers several minutes to catch him after being assisted by members of the public. Morris was drinking a beer at the time he was observed urinating on the monument and police also caught him with a retractable baton.
He was charged with mischief, resisting arrest and weapons charges.
Morris told the court he was so intoxicated the night in question he didn't know what park he was in or that he was urinating on a monument erected to honour members of the armed forces who participated in foreign wars.
"If I had knowledge of what park I was in, I would never have urinated...I had no idea it was a memorial," Morris told the court.
Mahaffy wasn't buying what Morris was trying to sell.
The judge said he "didn't believe for a second" the accused's version of events, noting "he showed considerable dexterity" running away from police after they observed him and tried to place him under arrest.
"He knew what he did was wrong and he took off and he was carrying a weapon," said Mahaffy.
Noting Morris's long criminal record, Mahaffy said "this accused is embarking on a criminal career" adding the 60-day jail sentence being sought by the Crown was the least he would consider under all the circumstances.
Defence lawyer Alex Toffoli had asked the court to release Morris, noting his young age, the 30 days in pre-trial custody and fact he recently became a father. Morris's mother and the mother of the baby were in court for Wednesday's sentencing hearing.
Toffoli added Morris's grandfather was a member of the armed forces who fought overseas and his client realizes the sacrifice Canadian soldiers have made in keeping Canada a strong and free country.
This was the thoughtless act of a young man under the influence of alcohol who has shown tremendous remorse for his actions, said Toffoli.
His client realizes he can't change what happened that night, but does accept responsibility for his actions and wants to change his troubled life around, he said.
Assistant Crown attorney Alex Kurke said urinating on a war memorial is an insult to every soldier who has risked or lost his life fighting for this country.
This accused has a history of violence and trouble with the law and releasing him after serving only 30 days behind bars would be sending the wrong message, said Kurke.
"What he did was the ultimate disrespect to those who fought and gave us the freedoms this country was built on," said Kurke.
Morris's history shows a distinct disrespect for court orders, law-abiding members of the public, police and society in general, he said.
Morris was arrested only weeks after youths in Ottawa were caught and charged with urinating on a war memorial on Canada Day.
Other youths in North Bay face charges for committing similar acts outside a Royal Canadian Legion branch in North Bay a few weeks ago.
