The accused assaulted his intimate partner while intoxicated during an argument. He struck and pushed the victim, held her on the ground with his knee on her neck, and threw a chair in her direction. The victim suffered physical injuries and psychological consequences. After his arrest and release on conditions, the accused later breached those conditions by contacting the victim and violating his curfew. He ultimately pleaded guilty to assault with a weapon, assault causing bodily harm, forcible confinement, and breaches of release conditions.
The Court noted numerous aggravating factors, including the severity of the assault, the impact on the victim, the accused’s intoxication at the time of the offence, repeated breaches of court orders, and his prior criminal history. In 2014, the accused was given a suspended sentence and probation with 125 hours of service for assault, uttering threats, forcible confinement, animal cruelty and possession of a weapon while prohibited from doing so, all in a context of domestic violence (para. 24). Mitigating factors included the accused’s guilty pleas; that he is an “asset to society” as a master mechanic and that the accused completed the follow-up offered by the Addiction Rehabilitation Centre regarding their problematic use of alcohol.
The Court sentenced the accused to 12 months’ imprisonment, finding that a custodial sentence was necessary to reflect the seriousness of the violence and to achieve denunciation and deterrence. This case made reference to the violence link between interpersonal violence and animal abuse, as the Court referred to the historical animal cruelty as part of the broader pattern of violent behaviour considered during sentencing.
https://canlii.ca/t/kbp21