A Kelowna caregiver who physically abused a highly vulnerable disabled man he was supposed to be caring for has been sent to jail.

Video footage captured 25-year-old caregiver Sanjad Samin punching the disabled man in the face and groin, at one point giving him a black eye and another injury requiring stitches.

On July 28, Judge Cathie Heinrichs said the disabled man, referred to as LM, was an adult suffering from a life-limiting degenerative disorder that involved brain atrophy and left him with the physical and cognitive ability of a child. He had limited speech, limited independent movement and suffered intense and unmanageable pain.

Because of this, the man’s family paid a private team of caregivers to look after him at their Kelowna home.

Samin was one of the carergivers, who regularly slept in LM’s room as part of his duties.

In May 2024, the family noticed LM had a black eye and viewed video footage from his room.

They discovered that Samin was assaulting LM. Video footage automatically deleted after 30 days, but in that time span the 25-year carer abused LM more than a dozen occasions on six separate nights.

Judge Heinrichs described the video evidence.

“From 3:44 a.m. until 7:07 a.m., Mr. Samin gets up from his bed seven times, sometimes to adjust LM’s position and blanket. LM is calm prior to each adjustment. Each time, Mr. Samin strikes LM with his hand, sometimes the back of his fist and once with a closed fist,” Judge Heinrichs said.

She continued to describe the videos.

“Sometimes just one strike, but on two occasions, he strikes him four times in the face and seven times in the head area. On one occasion, Mr. Samin strikes LM several times in what appears to be the groin area, and LM can be heard saying no several times.

“At 7:34, Mr. Samin handles LM aggressively before striking him twice in the head, then shoves LM’s head aggressively to the right side of the bed. May 13, 2024, at 6.33 hours, Mr. Samin strikes LM three times in the head area with a closed fist, moves to the other side of the bed and strikes LM once with the left fist, then twice with his right.”

More similar instances were read out in court.

On one occasion Samin bandaged up a wound he’d caused. On another, LM required three stitches.

“These unprovoked, ongoing assaults took place in the privacy of LM’s room by LM’s caregiver, and LM had no capacity to protect himself or report the assault,” the judge said.

The court heard the attacks had had a devastating effect on LM’s family.

“The betrayal they feel means they have lost complete trust in other caregivers. LM’s home is a sanctuary, and this safe space has been violated,” the Judge said.

LM’s other caregivers had also been affected.

“Mr. Samin has broken the trust of his employer and others who work in the caregiving field. It has a ripple effect for everyone in the greater community who shares in LM’s care and who may use a caregiver for their own loved ones,” the Judge said. “LM, his family, (and) the larger community of care service providers, and society in general are all victims of this violent offence.”

“This is not a brawl arising between alcohol-fuelled adults of similar size and capacity, or a quick thoughtless hit or punch because someone was angry or offended,” the judge said.

The court heard Samin cared for LM for 18 months.

By day he presented himself as a trustworthy caregiver, but by night regularly assaulted LM.

The Judge noted this showed capacity for “duplicity and dishonesty.”

While Samin said he’d accepted responsibility, Judge Heinrichs said it was difficult to assess the depth of his remorse. A psychologist report had said he was indifferent to the impacts of his actions and he’d said he’d get counselling only in the hope of a lighter sentence.

The court heard that Samin had been a caregiver since he was 19 years old, and had ADHD.

“Although a person with ADHD can act impulsively, without thought, Mr. Samin’s behaviour persisted over several weeks,” the judge said. “He would have known that these acts of violence were unacceptable behaviour, and he would have had time in between to correct himself.”

Samin’s own father questioned what LM had done wrong to make his son act like this. His father said they often blamed him or downplayed it when he needed serious help or support.

However, Judge Heinrichs said Samin’s conduct was not the fault of his parents, pointing out he’d grown up in a loving and stable environment.

Ultimately, Judge Heinrichs sentenced Samin to 18 months in jail.