R v Tobin, 2005 CanLII 8659 NLPC

After coming home and seeing his girlfriend and infant eating without him, he threw food at his girlfriend, and then punched and kicked her. Then he picked up a cigarette roller, and threw it at a kitten, striking the animal, and cutting its lip open. The Accused then tore a door off its hinges, and threatened to kill Power if she went out that evening. Prior history of violence towards the current Complainant.

Sentencing hearing on a series of domestic violence offences. The factual allegations of one of which including throwing an object at a kitten and causing a bloody lip that was police witnessed. Accused sentenced to 1 year jail.
Application by the State to terminate the access of the father of subject child. The father had a horrific history of sexual offending, including against children and bestiality.

Held: Application allowed. The benefit of continued access between the child and father outweighed by the potential for harm and of unprotected risk to the child. There was overwhelming evidence to justify termination of access.