Marshall Rath, the former Bragg Creek resident who severely injured his grandmother with a sword in March 2018, will not have to serve any more jail time.
Provincial court Judge Karen Crowshoe handed 20-year-old Rath an 18-month sentence Sept. 4 for aggravated assault and possession of a weapon for dangerous purposes. However, because of time already served, Rath will not have to spend any additional time in custody, and will be on strict bail conditions for the next two years.
“Mr. Rath was a very remorseful offender," said his lawyer, Andrea Urquhart. "He was youthful and had no [prior] criminal record. He took responsibility for his actions and has done very well in the community. [The defence felt] the court could achieve the necessary sentencing objectives by way of assessment that didn’t require him to go back to jail.”
Rath pleaded guilty to the charges in March. Following his guilty plea, he was released from the Calgary Remand Centre and spent six months living in transitional housing in downtown Calgary, according to reports from the Calgary Herald and CBC.
“The submission we made in court was he was essentially released from custody and had to build a life for himself, alone," Urquhart said. "He has done very well in that. He was bound by curfews and he worked hard to make sure he was following all the rules and building himself a life where had stable living and a job.
"He had to work hard with very little support.”
According to the statement of facts read aloud in court Sept. 4, Rath attacked his 79-year-old grandmother, Elaine, with a metre-long sword in the middle of the night. The then-19-year-old was drunk and high on drugs at the time, according to Urquhart, and later claimed he had no recollection of the incident.
The injuries sustained by Rath’s grandmother were so severe, according to court documents, that she nearly lost her hand and foot, and required extensive surgical repairs.
Elaine was Rath’s primary guardian in 2018, when the two lived together in Bragg Creek, court documents stated. According to Urquhart, Rath was home-schooled and very socially isolated as a youth.
"It wasn’t until high school that he got back in with his peer group,” she said.
According to earlier reporting from the Calgary Herald and CBC, Rath's grandmother has reportedly left the hamlet and is still terrified of her grandson.
