A Toronto teen found guilty of manslaughter in the death of a 59-year-old man will serve another 16 months under probation.
The girl was one of eight teens that swarmed and attacked Kenneth Lee at a downtown Toronto parkette in December 2022. At the time, three of the girls were 13 years old, three were 14 years old, and two were 16 years old.
Lee was staying at a homeless shelter when he was attacked and stabbed. He later died in hospital.
Ontario Superior Court Justice Philip Campbell sentenced the girl to three years, minus 20 months of credit for time served. It was the maximum available sentence for manslaughter in a youth case. Campbell said he had factored in the impact of four strip searches the girl underwent while in youth facilities.
The teen, who was 14 at the time of the attack, will spend up to a year of her probation in an intensive support and supervision program.
None of the teens’ names can be published due to the Youth Criminal Justice Act (YCJA).
All eight of the girls were charged with second-degree murder in Lee’s death. Five pleaded guilty to the lesser charge of manslaughter, one pleaded guilty to assault, and one of the teens pleaded guilty to assault with a weapon and assault causing bodily harm.
The girl, who was sentenced on Aug. 1, also tried to plead guilty to manslaughter, but the Crown rejected it. However, Campbell found her not guilty of second-degree murder, but of manslaughter.
Lee was described as a kind, quiet man who was trying to defend a friend before he was attacked. His family has spoken out about the need for changes to the YCJA. His brother-in-law Eric Shum previously published a letter he wrote to Ontario Premier Doug Ford.
At the time, Shum commended Ford on his support for bail reforms, and asked that the premier also support changes to the YCJA.
Shum wrote that society should know the names of those charged, and said if he were a parent, he would want to know if a perpetrator was in his child’s school or class.
Lee’s sister, Helen Shum, said in a statement that her brother had been “experiencing some bad luck” and that he was trying to get his life back on track.
She said Lee knew that they “were always here” for him and “were waiting for him to return home.”
She added that her brother wanted to “resolve his issues independently” and that they respected his wishes. She added that Lee would help anyone, a close friend or just an acquaintance.
