Remorse questioned as taxi assault sentencing delayed

By Peggy Revell on May 1, 2018.

The question of remorse put the brakes on sentencing for the man who kidnapped, sexually assaulted and robbed a Medicine Hat cab driver in November 2016.

Counsel for Shawn Thomas Baldhead was granted adjournment midway through Monday’s hearing, so authors of reports about Baldhead can be made available for questioning as they had contradictory evaluations about the accused’s remorsefulness.

“He is absolutely taking responsibility for his actions,” said defence counsel Robin McIntyre, arguing a big indication of this is the guilty plea which saves the complainant from having to testify. The court heard that Baldhead remembers parts of the evening, although not the sexual assault — but accepts that it happened, said counsel.

Both the Southern Alberta Forensic Psychiatry Centre report and Gladue Report call into question his remorse, while the pre-sentencing report says the 30-year-old is remorseful.

Baldhead’s actions were “egregious and shocking,” said the Crown, laying out its argument for a sentence of six to eight years.

According to the forensic psychiatry report, Baldhead is at a moderate risk to reoffend sexually and a high risk of reoffending violently.

This report diagnosed Baldhead with alcohol and polysubstance addiction — since the age of 13 — while he also has prominent traits of anti-social, narcissistic and borderline personality disorder.

The “only mitigating factor is the guilty plea,” said Crown, outlining a lengthy list of aggravating factors surrounding the incident that started on Nov. 24, 2016 when Baldhead first approached the victim as a walk-up fare.

This includes the vulnerability of the victim, said Crown, the assault against her, the threats made against her and her family, the threats that he had a gun and would use it, and the “degrading and dehumanizing” sexual assault.

Another aggravating factor is the time span — from 10 p.m. in Medicine Hat until 2 a.m., when the accused had driven the taxi to Calgary and finally allowed the victim to leave the vehicle.

Baldhead’s criminal record includes 54 convictions, Crown said, and had just been released a month prior from jail.

Crown also requested there be a delay in parole eligibility.

The court also heard about Baldhead’s background, including that he’s from One Arrow First Nation, and was adopted at two months by an aunt and uncle. He was raised in a home where there was alcohol abuse and poverty, was the victim of both physical and sexual abuse, ran away from home multiple times and only has a Grade 5 education.

He joined the native syndicate at 13 as “a way to survive” said McIntyre, and have a place to stay. He’s gotten out of this lifestyle, counsel said, but this has led to homelessness. He has depression, and suicidal thoughts, but wants to reconnect to his First Nation heritage.

While guilty pleas were entered in August 2017, delays in sentencing have occurred due to a change of counsel, retirement of a seized judge and the time it took for the reports to be put together.

The sentencing continuation date will be set on May 3.

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