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UVic student who injured woman with brick given probation

A University of Victoria student who seriously injured a young woman when he threw a 10-pound brick through a window last year has received a conditional discharge and been placed on 12 months probation.
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A University of Victoria student who seriously injured a young woman when he threw a 10-pound brick through a window last year has received a conditional discharge and been placed on 12 months probation.

A University of Victoria student who seriously injured a young woman when he threw a 10-pound brick through a window last year has received a conditional discharge and been placed on 12 months probation.

Jason Oscienny, 27, pleaded guilty to assault causing bodily harm to Tawnee Hedley, assaulting Ryan Bulmer and causing mischief to the property of Brandon Warrener in the early morning of Feb. 24, 2013.

On Friday, provincial court Judge David Pendleton ordered Oscienny to write letters of apology to Hedley and Bulmer, to perform 100 hours of community service in the next six months and to pay $1,600 restitution to Hedley for her dental bills.

As Hedley’s mother cried quietly in the courtroom, prosecutor Jess Patterson told the court what happened that night. Oscienny and Warrener were drinking in separate groups at a local bar. Oscienny, who knew Warrener and felt he had treated a friend badly, walked by Warrener and swore at him.

Warrener didn’t appear to notice, Patterson said.

As Oscienny was heading home about 3 a.m., he passed an apartment on Pandora Avenue and saw Warrener. He picked up a 10-pound brick and threw it, intending to break the window.

Unfortunately, Hedley was sitting beneath the window. The brick hit her in the head and knocked her unconscious. She suffered a fractured skull, a punctured right ear drum, and a cut on the left side of her ear that required eight stitches.

Oscienny ran away. But Bulmer, who was in Warrener’s apartment, chased Oscienny down, Patterson said. Oscienny turned and head-butted Bulmer and a fight broke out. Police arrived and arrested Oscienny.

Hedley has permanent hearing loss and will wear a hearing aid for the rest of her life. She has ringing in her ears and required extensive dental work, Patterson said.

Defence lawyer Martin Allen gave Pendleton three character reference letters that describe the brick-tossing incident as totally out of character for Oscienny. The letters suggest Oscienny is a hard-working, law-abiding young man, Allen said.

“He was shocked at what he had done and confessed immediately to the police.”

He asked Pendleton to give Oscienny, who is just about to graduate with a degree in environmental studies, a conditional discharge which would allow him to travel abroad for work.

“Society has an interest in allowing people to fulfil their potential,” Allen said.

His voice breaking, Oscienny stood and told the court that throwing the brick that night was “quite easily the dumbest thing I’ve ever done in my life.”

“This year, I’ve been an emotional wreck, but I realize it’s nothing compared to what Tawnee had to go through. All year, I’ve just wanted to apologize to her to let her know I’m so sorry,” he said.

“I never meant to hurt anyone, but someone was hurt. And even though I was drunk, I still did it.”

Pendleton noted the positive pre-sentence report and the fact that Oscienny has no criminal record.

“Mr. Oscienny is being sued civilly so the public interest will be addressed in that court as well,” Pendleton said.

He also agreed with Allen that fulfilling one’s potential is in the public interest.

Pendleton ordered Oscienny to give a sample of his DNA and to take counselling as directed by his probation officer. His conditions include no alcohol, no drugs and no contact with his three victims.

Oscienny must also pay restitution of $350 for the broken window and pay the victim fine surcharge by December.

ldickson@timescolonist.com