by P.J. Harston
Northern News Services

NNSL (Jan 31/97) - A 31-year-old Yellowknife man will spend the next few weekends in jail thinking about why beat his common-law wife.

Territorial court judge Thomas Davis sentenced Barry Daniel Ryan to 45 days in jail, to be served on weekends, and placed him on 14 months probation, Tuesday.

Ryan pleaded guilty to two assaults and a breach of undertaking. In return the Crown dropped another assault charge and one of uttering threats to cause death.

"Over the past week, I came very close to losing the family that I love because of an alcohol problem I couldn't see or refused to see," Ryan told court.

"I'm going to beat this so I can be a proper husband and a proper father to my family. Being put in jail is something I hope I never have to go through again."

He spent nearly a week in custody waiting to appear in court.

Under the conditions of his probation he is not to contact his wife without permission from his probation officer. He is also expected to participate in counselling as directed by the officer.

Crown lawyer Sandra Aitken suggested Ryan be jailed for three months.

"To have two violent assaults occur in a short time and be released -- to breach that undertaking the very next day -- that tells me he's not taking this very seriously," said Aitken.

Defence lawyer Clark Rehn told court Ryan and his victim wish to continue their relationship, but only after he receives counselling.

"I'm not minimizing what took place, but these were very short episodes in terms of actual physical contact," he said, suggesting an intermittent sentence and a significant term of probation.

Court heard that the victim contacted police on Jan. 21 and told them of two incidents.

Sometime between Dec. 1 and Dec. 20, he yelled and screamed at her and her two daughters, age 10 and 12, and then slapped her across the face. When she hit back, he screamed and threatened to kill her.

On Jan. 19 he threw the victim on their bed, pinned her down and held her wrists for up to 10 minutes, leaving abrasions on her wrists. This occurred after an argument over him "bugging" one of her daughters.

"As a result, she feared for her safety and that of her daughters," said Aitken.

After police arrested Ryan on Jan. 21, he was released under the condition that he not contact his victim or her children.

The next day he repeatedly phoned the house and was arrested by police when he showed up shortly after the phone call.

"It is not unnatural for the Crown to suggest a number of months in jail for such a crime," said Davis. "Spousal abuse and assault are not only an assault as such, but also a breach of trust against someone with whom you are in a relationship with."