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Sydney Leer gets two more years in prison for arson

The 18-year-old set a Penticton Ave. fourplex on fire last October
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Penticton firefighters inspect the townhouse unit at Cascade Gardens which Leer pleaded guilty to burning. File photo

A teen who torched a Penticton Ave. fourplex will spend another two years in federal prison, after being sentenced to a total of 1,189 days in jail Monday.

Sydney Leer reportedly set fire to the fourplex in Cascade Gardens where she and her mother lived on Oct. 13, because she wasn’t happy with their living space, permanently displacing all of the residents in the four townhouse units.

Leer was up for sentencing several times since her guilty plea in October, but until Monday each was adjourned, often due to mental health issues.

At least three reports were conducted on Leer, including two fitness tests — tests to determine an offender’s fitness for trial — and a “not criminally responsible” (NCR) test, all of which she passed.

Related: Second fitness test called for arsonist

Scheduled for sentencing Monday morning, Judge Gregory Koturbash stood the complex matter down after hearing from both Crown and defence counsel on the matter to prepare his 35-page judgement.

In that judgement, which he read in court Monday afternoon, Koturbash had plenty to consider.

“Ms. Leer is mentally ill,” Koturbash said in his introduction, over the protests of Leer.

“I appreciate, Ms. Leer, that what I am about to read is lengthy and some of what I have to say might be of little interest to you, but it is important that not only you but the victims and other members of our community understand why I am imposing the sentence I am.”

At a number of points in the beginning Koturbash’s sentencing reading, Leer spoke over him to say, “Not true.” For some time Koturbash continued reading, but at one point, he announced to Leer that she had had her chance to speak before his sentence was read.

Related: Arsonist’s sentencing delayed yet again

“When are you going to get my side of the story?” Leer asked over video teleconference, with Koturbash telling her she was represented by her lawyer James Pennington and through fitness, pre-sentence and NCR reports.

“I haven’t even given my side of the story, yet, about my life. No one’s asked me anything. I said it was self-defence, and no one’s even asked how. Like, ‘how is that self-defence?’ You said, ‘OK,’ and then asked me some other dumb questions.”

Following that outburst, Leer’s microphone was turned off, but she appeared to say the words “not true” at least once more after that.

Leer’s mental health has been a bulk of the consideration for Koturbash when sentencing Leer. Crown sought a total of four or five years in jail, including time served, with defence asking for two years after time served, followed by three years probation.

Related: Psych evaluation for woman accused of setting Penticton townhouse fire

Much of Leer’s objections were to Koturbash’s descriptions of her early years, experiencing learning difficulties and bullying as a result of those difficulties at a young age.

“Ms. Leer has made several spurious accusations about her mother that are not corroborated by other members of her family,” Koturbash said. “She also maintains suspicious that her mother is not her natural mother and says she would rather live in an orphanage than return to her mother’s home.”

According to Leer’s mother, their relationship has been particularly strained for three years prior to the arson, describing her as increasingly aggressive.

Leer’s latest psychiatric intervention involved a hospitalization the day of the arson, with her release that day, despite her mother’s pleas for her continued hospitalization. Koturbash noted in his sentencing that Leer was “co-operative” in hospital that day.

However, he pointed to a comment from her doctor that proved prescient.

“Unfortunately, it appears that she may very well be headed for legal problems and/or exploitation from others in the future, due to her poor behaviour, entitlement and lack of responsibility for her actions,” the doctor wrote in his discharge summary.

Related: Mom of accused arsonist angry with doctor who discharged her

Though Koturbash said that doctor would likely receive some criticism for releasing Leer, Koturbash noted the court wasn’t the place for that judgement, and it would be unfair to make that criticism without further knowledge. He added that it is a particularly high legal bar for holding someone in hospital against their will.

Multiple doctors have reportedly either diagnosed or leaned toward a diagnosis of borderline personality disorder, for which Leer has denied medication numerous times, according to Koturbash.

Koturbash pointed to two mitigating factors in her mental illness and two aggravating factors. Leer has shown a lack of remorse for her actions, and has “stated on more than one occasion that she feels like a hero for what she did,” and she has a dim prognosis for effective treatment.

On the other hand, however, Koturbash noted her “moral culpability is diminished” due to her inability to regulate her moods, resulting from her bipolar disorder. He added that her mental illness will make prison time more challenging for her.

But Koturbash also pointed to the severity of the crime and the damage that has been done as a result as a factor he considered with the sentence. Multiple victim impact statements note hundreds of thousands of dollars in damage, often involving uninsured or sentimental belongings, as well as the loss of pets.

Related: Community steps up for families affected by Penticton townhouse blaze

Leer’s mother, too, has suffered since the fire, according to her victim impact statement, which noted social shunning due to her daughter’s actions and nightmares she reportedly continues to experience.

Leer was handed a total of 1,189 days in jail, with 730 days left to serve — exactly two years — with three years of probation following the prison sentence.

With 306 days in jail, Leer received 459 days of credit, with time-and-a-half enhanced credit for not attempting bail.

Federal prison was preferred to provincial jail, Koturbash said, because the mental health programming in the federal system was considered far superior to that of the provincial programs.

Because of the extent of the damages — nearly $1.2 million — and Leer’s ability to pay, Koturbash left the matter of monetary compensation to civil courts, should victims pursue litigation.