Violent Man Gets 3 Months & Probation For Tormenting Girlfriend
Violent Man Gets 3 Months & Probation For Tormenting Girlfriend
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Charge(s):
CC: s.348(1)(b)/266 – Break and Enter and Commit Assault, s.266 – Assault, s.264.1(1)(a) – Uttering Death Threats, s.430(1)(a) – Mischief; PAFVA: s.13.1(1)(a) x 12 – Breach of Emergency Protection Order.
Allegations:
My client had just gotten out of jail, after serving a two-month sentence for assaulting his girlfriend. He went straight to her residence, contrary to the provisions of an Emergency Protection Order. A physical altercation ensued, during which he forced her to the floor, took the phone from her, ripped her hair out and punched her in the face several times. He threatened to kill her if she tried to call the police. She calmed him down. He then left to meet up with a friend to do some business. While he was out, she called 911. He returned shortly thereafter. She locked herself in the bathroom. He kicked in her front door and found her to be on the phone with the police, so he fled the residence, vowing to kill her, as he fled. She suffered numerous injuries. He had also assaulted her the year before and threatened to burn down her entire apartment building. She has an ongoing fear that he will in fact kill her. Two days later, he showed up at her front door and was trying to get in. She did not respond. Instead, she called 911 again. While waiting for the police to arrive, he sent her numerous sexual messages, followed by threatening text messages, including the following words: “I’ll be waiting for you in the darkness when you leave to go to work. I’m going to knock you right the fuck out and drag your lifeless body into my world. I hate you with a passion…Hope you’re ready to die, you greedy fucked slut. See you in the morning. I’m gonna smash your fucking brains in, pull your dead corpse back upstairs and take everything you have. You’re dead as soon as you come outside!!! DEAD!!! You ruined my life…I can’t wait to ejaculate over your dead body. You’ve got me out on the streets for the last time. I’m gonna make sure you lose everything.” He was arrested later that day. While in the Remand Centre, he attempted to contact her at least 10 more times.
Result:
In advance of the trial date, I persuaded the Crown to withdraw the B&E charge, and to agree to time served (3 months), followed by probation for one year, with a focus on mental health counseling. The judge refused to accept the joint proposal and sentenced him to an additional 3 months, followed by probation for 18 months. My client had a lengthy and related criminal record, including two prior convictions for assaulting and threatening to kill the same victim.
Dangerous Driving Charge Reduced to a Ticket
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Charge(s):
CC: s.249(1)(a) – Dangerous Driving
Allegations:
My client was driving one vehicle, while his friend was driving another. Both vehicles contained numerous other friends. They were driving fast through back alleys around their neighbourhood, following each other closely and causing people to jump out of the way. The alleys were very wet with numerous puddles of muddy water. A young mother was walking down the alley, holding her new born baby in her arms, when my client and his friend drove toward her, at a high rate of speed, and deliberately splashed her – twice. She and her baby were completely soaked with dirty water. As the vehicles continued driving, passengers in the second vehicle were hanging out of the window, pumping their fists, yelling “yes!”
Result:
Close to the day of trial, I persuaded the Crown to agree to resolve this matter by way of a guilty plea to a separate offence of “stunting,” under the Traffic Safety Act. The penalty consisted of only a $500 fine and 3 demerits. No criminal conviction.
No Jail for Violent Attack on Girlfriend and Car Chase Hit & Run
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Charge(s):
CC: s.252(1)(b) – Hit and Run, s.266 – Assault, s.249(1)(a) – Dangerous Driving
Allegations:
My client met with his ex-girlfriend and her friend in a parking lot. He became enraged with her, swore at her and threatened her, then punched her in the face several times through her car window. When her friend tried to drive away, he pursued them in his truck, initially blocking their path, then chasing after them and overtaking them at a red light. When they tried to escape, by driving away in reverse, he chased after them, also in reverse, smashed into the front end of their vehicle, and then fled the scene.
Result:
On the day of trial, the complainant showed up, so he changed his plea to guilty on the assault and hit and run charges. The Crown withdrew the more serious dangerous driving charge. He paid a fine for his actions, compensated the owner of the vehicle for the cost of the insurance deductible and was placed on probation for one year. No jail.
Drug Charge Withdrawn
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Charge(s):
CDSA: s.4(1) – Possession of a Controlled Substance
Allegations:
My client was pulled over for rolling through a stop sign while turning right, and then speeding through a playground zone. While dealing with my client, the police could smell marijuana. My client admited to being in possession of marijuana.
Result:
My client was referred to the Alternative Measures Program and the criminal charge was withdrawn, after he completed 30 hours of community service. No criminal conviction.
No Jail for Suspended Driver Following 5th Impaired Conviction
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Charge(s):
CC: s.259(4) – Drive While Disqualified and TSA; s.94(2) – Drive While Unauthorized
Allegations:
My client was caught driving while his operator’s license was suspended due to an impaired driving conviction, entered almost 12 months earlier. Because it was his 5th impaired driving conviction in the past 20 years, he was prohibited from operating a motor vehicle for 3 years.
Result:
The Crown was seeking a substantial period of incarceration and a further driving prohibition of 5 years. The standard penalty for this offence is for a period of incarceration, even for a first offence. However, the judge agreed with my submissions instead, that incarceration was not required in my client’s particular circumstances, and imposed a $2000 fine and the minimum driving prohibition of 3 years. After 12 months, he will again be eligible to drive with an alcohol ignition interlock device. No jail.
