In a voice barely above a whisper, a man the Crown wants declared a dangerous offender stood in Victoria provincial court yesterday and apologized to the victims of his violent carjacking spree two years ago.
"I took advantage of people's kindness and I'd like everyone to know that never again do I wish to cause them harm," Shawn Gale, a clean-cut 29-year-old told Judge Jeanne Harvey on the final day of his dangerous-offender sentencing hearing. "I take full responsibility for my actions."
In February 2008, a year after the crime spree, Gale pleaded guilty to 17 violent offences, including kidnapping, robbery, aggravated assault, assault causing bodily harm and assault with a weapon. If the Crown is successful in its application to have Gale declared a dangerous offender, Gale would receive an indefinite sentence in a federal penitentiary.
Following the Crown's application, Gale assaulted an inmate at Fraser Regional Correctional Institute in November 2008.
Yesterday, Crown prosecutor Jeni Gillings played a video of the assault, captured by a surveillance camera at the jail. In the video, Gale walks up to the inmate and chokes him until he is unconscious. Before walking away, Gale kicks the unconscious man twice in the head. The image of the injured man lying face down on the floor remained on the video screen while Gillings completed her final arguments.
Defence lawyer Mayland McKimm asked Harvey to consider sentencing Gale to eight to 10 years in a federal penitentiary, followed by a 10-year-supervision order.
If the judge agrees with the defence's request to sentence Gale as a long-term offender -- not a dangerous offender -- the Crown wants a sentence of 16 to 18 years, followed by a 10-year-supervision order. Gale has already served two years in custody, which is credited as four years.
Harvey said she hopes to have a decision by the end of September.
McKimm agreed the violent crimes Gale committed are shocking, but said he's not beyond rehabilitation. "There are indications if he receives intensive therapy it will raise a reasonable possibility of rehabilitation."
McKimm, citing an assessment by court-appointed forensic psychiatrist Dr. Stanley Semrau, noted Gale came from a relatively stable family background and his employers speak highly of his work ethic. McKimm said in the past, Gale did well during an eight-to-nine-month period of intense supervision while he was on bail. Gale also had a three-year stretch of stability in his mid-20s when he lived with his wife and daughter, said McKimm. Gillings disputed the point, saying he committed other offences during that period.
Gale has also done well in custody, said McKimm. Reports by correctional officers describe him as a polite, co-operative man who likes working out and has motivated other inmates to exercise The attack on the inmate was Gale's way of making sure other inmates didn't think he was an informant, said the defence lawyer. "I agree Gale lacks insight, but he's going to a federal institution where he will get the best resources available to him."
McKimm produced letters Gale has written to each of his victims. Crown and victim services will contact the victims to see if they would like to receive the handwritten letters.
