Defence seeks probation for teen who pleaded guilty to assault in alleged swarming of homeless Toronto man

Kenneth Lee is shown in a Toronto Police Service handout photo. THE CANADIAN PRESS/HO-Toronto Police Service

A defence lawyer for a teen who pleaded guilty to assault in the alleged swarming of a homeless Toronto man says the girl should be sentenced to a year of probation.

In a sentencing hearing today, defence lawyer Karen Lau Po Hung argued the teen is taking responsibility for her role in the incident that led to the death of Kenneth Lee and making efforts to get her life back on track.

Lau Po Hung also raised several possible mitigating factors, including that the girl was strip searched three times while in custody in a way that left her completely naked, which is against provincial policy.

The girl, who was 13 at the time of the incident, pleaded guilty in June to assault causing bodily harm and assault with a weapon. Court has heard the weapon involved in the latter charge is a bag that belonged to Lee.

Police have alleged that Lee, a 59-year-old man who was living in the city's shelter system, died after he was swarmed and stabbed by a group of girls in December 2022.

Eight girls between the ages of 13 and 16 were charged with second-degree murder. Aside from the girl who pleaded guilty to assault charges, three others have pleaded guilty to manslaughter.

The other four are set to face trial next year, three for second-degree murder and one for manslaughter. The cases have been split into two trials due to scheduling reasons, with the first to start in January.

Prosecutors said Wednesday they are seeking a sentence of eight months in custody and four of community supervision for the girl who pleaded guilty to assault charges.

They argued the girl should be granted four months of credit for the 41 days she spent in secure custody, which would leave her to serve four months in custody and four under community supervision.

The defence argued no adult would be sentenced to custody on those charges.

"She has just a great support system in place that will help her rehabilitate, reintegrate, and it's clear that she can be held accountable by 12 months' probation," Lau Po Hung said.

The girl and one of the teens who pleaded guilty to manslaughter were also in court Wednesday to argue the strip searches they underwent while in custody violated their rights under the Charter of Rights and Freedoms.

None of the accused can be identified because they are minors.

This report by The Canadian Press was first published Dec. 18, 2024.