No additional jail time for Clyde River man who bit off part of neighbour’s ear
Judge cites 8 months already spent in custody, and rehabilitation prospects, in sentencing
Mac Kyak, a 23-year-old Clyde River resident, pleaded guilty Tuesday to aggravated assault after biting off part of his neighbour’s ear earlier this year. (File photo by Jeff Pelletier)
A Clyde River man who bit off most of his neighbour’s ear during a drunken fight will avoid additional jail time after pleading guilty to aggravated assault Tuesday in an Iqaluit courtroom.
Justice Mark Mossey sentenced Mac Kyak, 23, to eight months in jail, which he had already served while in remand waiting for his case to move through the courts.
He will also serve two years’ probation in connection with the April 6 attack on Joshua Qaqasiq.
Court was told Kyak, who was heavily intoxicated, began smashing Qaqasiq’s snowmobile. Qaqasiq confronted him, and during the altercation Kyak bit off a large portion of his right ear.
The injury required medical evacuation and multiple reconstructive surgeries. Photographs of the wound, entered as evidence, were described by Mossey as “graphic” and evidence of lifelong disfigurement.
Kyak had been in custody since his arrest April 6, the equivalent of more than eight months served. In his decision in court Thursday, Mossey ruled further jail time would place too much emphasis on punishment over rehabilitation.
Mossey credited Kyak’s early guilty plea, relative youth, and commitment to stop drinking.
Kyak must follow probation conditions that include receiving counselling, alcohol abstinence, and avoiding contact with Qaqasiq, except for incidental contact in their small community.
“This aggravated assault has literally scarred Mr. Qaqasiq for life,” Mossey said in delivering the sentence.
The accused has been in custody since his arrest on April 6. How can his guilty plea now be characterized as an “early guilty plea”? Should he get some credit for a guilty plea? Sure. But credit for an “early guilty plea”? I say no.
“Kyak had been in custody since his arrest April 6, the equivalent of more than eight months served.”
Also not 8 months. 163 days for biting somebody’s ear off.
Mike Tyson got a $3 million fine and a 1 year suspension. He didn’t even damage any snowmobiles. Maybe he should’ve been given the choice of 163 days at BCC instead.
Sometimes I honestly wonder whether some people who comment on here know how to read. Let me explain what I mean: Where in my comment do I give an opinion that the judge’s sentence was too light or too strong? Simply put, I don’t. All I say is that the judge’s view that this was an “early guilty plea” was misguided given that it was entered after the accused had been on remand for a number of months.
That’s all I said. No more no less. Anyone with basic reading skills would see that.
I did see that. I wasn’t arguing with you, I was saying in addition to calling it an early plea, they also gave him credit for more time than he served (the BCC effect).
I think maybe you’re the one that suffers from basic comprehension skills?
Well, of course, not… He would have to have bitten off both ears, stabbed the person, raped their sister, and stole the proceeds of the local church bake sale in order for them to get at least three months in Nunavut.
Tristan; I agree with everything you said. Here are couple of additions to your list.
Burning down the school or Co-op or both
Randomly shooting a gun at who ever or what ever.
I know it’s extreme but just maybe. He might get 90 days. But I don’t know. It’s harsh.