Man gets federal prison for punching senior in face

Published on June 26, 2014

PICTOU – An 18-year-old Pictou County man has been sentenced to a stay in federal prison after breaking the bones in a senior man’s face. 

Cody Dylan MacIntosh pleaded guilty to a charge of assault causing bodily harm in relation to an assault on March 7 in Abercrombie. He was sentenced Thursday in Pictou provincial court to two years plus a day in prison.

The court was told that RCMP received a report from a resident who saw a naked man running through a trailer court in Abercrombie. When they arrived around 9 p.m., MacIntosh was standing in door of a mobile home, with no T-shirt or shoes on and he was asking the police not to shoot him.

MacIntosh was placed under arrest for public intoxication, but officers said he was very agitated during the arrest, foaming at the mouth, with sudden mood changes and thrashing around in the police car.

“Police say he was in a manic state and he wouldn’t listen to what they were saying,” Crown Attorney Patrick Young said during the sentencing.

MacIntosh was taken to the Aberdeen Hospital for assessment during which time RCMP received a complaint from a resident in the same trailer park saying an assault had occurred that involved MacIntosh.

The woman told officers her husband was having a drink with a young man and when she checked on them later, her husband was on the floor of their home covered in blood.

The victim told officers that he didn’t know MacIntosh, but struck up a conversation with him that night and had a drink of vodka with him at his place, later returning to his own home for another drink.

Young said the victim remembers little after this, saying he returned to his own home and the next thing he remembers is hitting the kitchen floor with his face.

“He said he never laid a hand on the accused and never had a chance to defend himself,” Young said.

Officers said MacIntosh punched the victim in the face and then kicked him in the eye as he lay on the ground. The victim suffered broken bones in his face, crushed sinus, diminished vision, severe swelling and was unable to eat solid food for a month after the incident.

Young said MacIntosh had a difficult childhood, coupled with mental illness, anger management issues as well as substance abuse.

“He doesn’t appreciate what he did to the victim or the impact he had on the victim,” he said.

Defence lawyer Doug Lloy said his client has been diagnosed with attention deficit disorder, conduct disorder and anti-social disorder and has undergone treatment over the years. However, he recently stopped taking his medication because he couldn't afford it and has stopped receiving counselling.

Judge Del Atwood agreed with the joint recommendation put forward by the Crown and defence for a federal jail sentence of two years plus a day. MacIntosh has also been ordered to pay back more than $1,000 in restitution to the victim and a $300 victim surcharge fine.

 “The court’s focus is the protection of the public and Mr. MacIntosh’s actions pose great risk,” he said.