N.S. killer out on statutory release charged with attempted murder

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A Nova Scotia killer charged with attempted murder earlier this month in Halifax once tried to stab a correctional officer, threatening to kill the guard when he got out of jail, and tried to slit another inmate’s throat.

But despite his violent track record, Canada allowed him out of prison before his sentence expired.

Robert Harris Lamb, 34, saw his statutory release temporarily revoked for cocaine use just four months before he allegedly tried to shoot another man dead just after dawn on Sept. 5 in Halifax. Paramedics took the victim to hospital with a gunshot wound, but he’s expected to survive.

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Even though a psychologist had assessed Lamb in 2022 as likely to reoffend violently when he got out of prison, he was released May 19, 2023, on statutory release, the law that requires federal offenders who have served two-thirds of a fixed-length sentence be released to serve the remainder of their sentence in the community, under supervision.

“The idea is to sort of phase back into full release into society as opposed to going cold turkey from being in jail to being out on the street again,” said Wayne MacKay, a professor emeritus at Dalhousie University’s Schulich School of Law. “The theory is a good one, but when it doesn’t work it raises concerns and questions.”

According to Public Safety Canada, in 2021-22, 68.4 per cent of all releases from federal institutions were statutory releases. The number of people who got out on statutory release was 4,383.

Over the five years from 2017 to 2022, an average of 1.4 per cent of offenders saw their statutory release revoked for committing violent offences.

“They must feel that the success stories exceed the failures and therefore continue to offer it,” MacKay said. “But you still could have a debate about whether that’s the right thing to do because certainly the family and the victims themselves of the failures are saying, ‘Well, why should I pay the price in this case just because generally it works better for society?’”

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It looks like the parole board was careful with Lamb, imposing a residency condition on his statutory release, according to Lisa Kerr, an associate professor at Queen’s University, where she is the Director of the Criminal Law Group and teaches courses on criminal law, evidence, sentencing and prison law.

“Given that there are real dangers associated with straight release at expiry, these are hard cases to manage,” Kerr said in an email.

One year after Lamb got statutory release, he was back in prison, but not for long.

“In your case, as your offending history is of an early onset, uninterrupted, and escalated in severity by the presence of very serious and violent offences over the latter part of its chronology, the board cannot overlook the fact that propensity for violence is a reality,” said the decision revoking Lamb’s release dated May 8, 2024.

“Further, as you have a plethora of convictions and incidents on file related to breaches of court ordered dispositions and conditions, as well as conditions on release, one must conclude that (you have) serious challenges in self-managing your own behaviour.”

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In February 2012, Lamb went to trial in Nova Scotia Supreme Court on a charge of second-degree murder from a stabbing at a house party in Antigonish on Jan. 1, 2010, that claimed the life of Jonathan Beaton, 25.

But he changed his plea to guilty on the lesser offence of manslaughter, and a judge sentenced him to 12 years in prison. That sentence doesn’t expire until this coming November.

“You began an altercation with an individual on New Year’s Eve at a party in 2010. You began striking people with a knife. One of the victims passed away as a result of multiple stab wounds inflicted by you and another victim suffered serious injuries,” according to Lamb’s most recent parole decision.

“While incarcerated for the above offences, you threatened to stab an officer while attempting to stab them with a pencil. You then threatened to kill them once you were released. You also damaged a cell door and were aggressive with a correctional officer. On another occasion, you assaulted an inmate with a homemade weapon and tried to slit the inmate’s throat.”

Lamb was sentenced on two counts each of assaulting a peace officer and uttering threats, and one count of assault with a weapon at the same time he was sentenced for the fatal stabbing. Those offences were committed in jail in September 2011.

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The parole board looked at statements from six people grieving Beaton’s death.

“The pain and severity of your criminal behaviour’s impact on the victims have not been lost on the board, particularly where considerations are to be given to the steps required to protect victims from future traumas,” said Lamb’s parole decision.

When he was released in the spring of 2023, Lamb was ordered to live at a community correctional centre, and stay away from booze, bars and drugs.

He was reprimanded this past February for associating with criminals. Then, in the middle of that month, Lamb tested positive for cocaine use.

“A warrant of apprehension and suspension was issued and executed on February 21, 2024, as it was felt that your risk could no longer be managed in the community,” said his most recent parole decision.

Lamb wouldn’t speak with a psychologist who completed a risk assessment of him in July of 2022.

“The report indicates that your risk to reoffend violently upon release remains high. The psychologist believes that over the years, you learned to use your aggression for gain by involving other inmates and by skirting the edges of the organized crime element within the penal system,” said his most recent parole decision.

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This year wasn’t the first time Lamb was in and out of prison.

“In 2020, you were released on statutory release which was revoked by the board in March 2021,” said his parole decision.

His criminal history raised “serious apprehensions regarding the risk of reoffending upon release,” it said.

Lamb “can experience angry outbursts and exhibit signs of social anxiety,” said his parole decision.

“You can become easily frustrated and can be aggressive and hostile. You acknowledged that you can be quick-tempered and react without thinking of the consequences.”

Lamb’s behaviour behind bars “has been considerably problematic, with numerous institutional incidents related to – amongst others – violent and aggressive behaviour, including recently,” said his parole decision.

“While violence has been somewhat abated over time, file information reveals that intimidating behaviour – both in the institution and while on supervised release – have not been eliminated. Overall, there is a well-documented pattern of violent behaviour while in the institution, involving staff and other offenders.”

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Lamb failed a urinalysis test for cocaine earlier this year.

“While the board does not come to the conclusion that you consumed drugs directly, successive positive test for illicit substances suggest that you are associating with individuals who partake in the consumption of drugs. This calls into question your ability to clearly recognize risk situations and manage your choices accordingly so as to not place yourself in compromising situations.”

Satisfied that Lamb was likely to reoffend before his sentence expired, the parole board said earlier this year that he presented an “undue risk” to society due to circumstances within his control. “Therefore, the board revokes your statutory release.”

The parole board pointed out that according to Canada’s Corrections and Conditional Release Act, Lamb would get out of prison again on statutory release before his sentence expired. But it insisted that when that happens, he would have to live in a halfway house.

The parole board wouldn’t disclose exactly when Lamb was released again, but he was eligible to go free June 23.

Lamb is now behind bars on remand for the shooting this month. He’s due back in Halifax provincial court Oct. 9 for a status report.

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