A judge has delayed sentencing a woman arrested following a six-day drug-induced crime spree, saying he had serious misgivings about a sentencing recommendation that focused on her “vulnerabilities” as a transgender person.
Star Moar, who identifies as female, pleaded guilty to break and enter, assault with a weapon, dangerous driving, arson and other offences in a May 11-16 series of incidents.
Crown attorney Nicole Roch and defence lawyer Patrick Gutowski jointly recommended Moar, 29, be sentenced to two years in prison, which would allow her access to an Indigenous healing lodge. She has already served the equivalent of nearly eight months in custody.
Roch and Gutowski conceded the sentence recommendation was in the low range, but appropriate in light of Moar’s background and personal circumstances.
Court heard Moar, who is Indigenous, has been living on the streets since she aged out of foster care at 18, has no family or social supports and is addicted to methamphetamine.
Court was told Moar applied for bail — which was denied — because she didn’t want to accrue enough custody credit that would rule out a prison sentence. That became a moot point after her charges started to mount.
Moar has a lengthy prior record for driving offences and other crimes, but has received previous jail sentences of less than two years; sentences longer than two years less a day are served in prison.
“I do have concerns sending someone with Ms. Moar’s vulnerabilities to the penitentiary, but this is their request, and we are going to respect that, and of course with everything that has gone on in her life, we believe it is appropriate in the circumstances,” Roch told provincial court Judge Keith Eyrikson.
Moar’s most recent crime spree began the night of May 11 when she broke into an occupied house on Radisson Avenue in Fort Garry.
A male resident was awakened by his dog barking and found Moar standing in the living room, with all the lights on, holding a hammer. The man retreated to his bedroom and Moar ran off with his wife’s purse.
Three days later, Moar, a lifetime prohibited driver, was behind the wheel of a stolen Chevy Silverado pickup truck when she drove to the Hockey For All Centre on Portage Avenue, walked inside and used the shower. Security video shows a staff member escorting Moar out of the building and back to her truck before nearly being run over by Moar as she sped out of the parking lot.
Two days later, Moar drove the same truck to Long and McQuade, a musical instrument store on Pembina Highway. After a short time in the store, she was asked to leave and escorted outside by security staff. Moar struck another vehicle before steering the truck toward the staffers, who had to jump out of its path to avoid being hit.
That same day, Moar crashed the truck into a light standard. Unable to drive it any further, she lit the interior of the truck on fire and left on foot. Later, Moar went to a JYSK store on Pembina Highway, snuck into a staff room and stole several wallets and identification before discharging a fire extinguisher in the store and leaving. Police arrested her after a short foot chase.
Moar had a tumultuous childhood, rife with physical and emotional abuse and, while in foster care, was placed in 15 different homes, Gutowski said.
“Very disturbingly, at one placement she was offered drugs almost every day,” he said. “This experience played into her future struggles with addictions.”
Moar has been homeless since she was 18 and has no family or social supports, Gutowski said.
“Over the past 11 years she’s been stabbed, beaten and robbed by others on the street,” he said.
Moar’s gender identity has left her reluctant to use homeless shelters, he said.
“She has found them violent and uncomfortable,” he said. “Frequently people don’t understand her situation and behave in very inappropriate ways. She is generally placed with males… which causes difficulty for her.”
Moar started identifying as female five years ago.
“She indicates to me she has always felt she was a woman, even as a youth,” Gutowski said. “Unfortunately, she hid this from people and never expressed herself the way she wanted to. There was always this fear people would not accept her, that it would just lead to further bullying, further difficulties. She felt it would lead to being further ostracised by those around her.
“Now she’s got to the age that she has come to realize it doesn’t matter what others think of her and it is better to express herself in a way she feels is correct, but this brings with it a lot of hardship.”
Gutowski conceded a two-year prison sentence is low for the crimes Moar committed, but argued it is appropriate given her circumstances, noting while in remand custody, she has been the target of frequent bullying and abusive behaviour from other inmates.
“These concerns are important to consider in sentencing her to a penitentiary,” Gutowski said. “She will continue to be in a male institution (and) these issues will continue to most likely exist. We’re asking your honour to consider just the difficult situation she is in.”
Eyrikson said he wasn’t convinced the joint recommendation was appropriate and needed time to consider it. Joint recommendations are typically considered very persuasive by the court and are rejected only when a judge determines they are clearly unfit.
“I know many transgender individuals who are not as violent as this, who have little to no criminal records, who don’t have significant, lengthy and uninterrupted records,” Eyrikson said. “This is a hard one for me…. All accounts have been clear that this is a very low recommendation.”
Eyrikson argued the recommended sentence doesn’t satisfy the need to deter Moar and others and “(send) the message to the public that these (offences) aren’t taken lightly by the court and that they can have faith in the justice system.”
Roch said a “well-informed public” with a “full understanding” of Moar’s circumstances would accept the recommended sentence as just.
Moar remains in custody. A sentencing date has not been set.
dean.pritchard@freepress.mb.ca
Dean Pritchard
Courts reporter
Dean Pritchard is courts reporter for the Free Press. He has covered the justice system since 1999, working for the Brandon Sun and Winnipeg Sun before joining the Free Press in 2019. Read more about Dean.
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