R v Cardinal, 2012 ABPC 111412094P1

Mr. Cardinal pleaded guilty to a domestic assault and one count of wounding or maiming an animal (two dogs) contrary to the Criminal Code. The accused and his girlfriend got into an argument. The girlfriend attempted to leave the house and the accused physically prevented her from leaving by pushing, shoving and grabbing her. He threatened her and hit her several times in the head. He then picked up a small dog carrier containing two Chihuahuas, who were about two pounds each, and threw it against the wall. The dogs yelped and cried in pain as this occurred. She managed to escape from the apartment and some people intervened to stop the assault. The dogs had no lasting injuries. The girlfriend had bruising and swelling to her face.

Cardinal was sentenced to a long incarceration, due in part to the co-occurring domestic assault. No prohibition order was discussed or sought from either side. A mitigating factor in sentencing was Cardinal’s previous criminal record.