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Woman convicted after punching husband

Jessica Gray
Northern News Services

Yellowknife (Sep 06/06) - A Yellowknife business woman was handed a conditional discharge last week after she admitted in court to punching her husband of 25 years in the arm.

The 51-year-old will avoid a criminal record if she follows the terms of the sentence, which includes 30 hours of community service and three-months probation.

According to the woman, her ex-husband pressed charges after the May 29 incident in order to ruin her reputation. The couple divorced in February this year.

The woman told the judge, "If you could see my ex-husband right now, he is a big man, and what I did to him physically is minor."

The woman's lawyer, Jennifer Duncan, argued a record could hinder her travel to the United States to purchase goods for a new business.

A conviction for a crime of violence could also impede the woman's ability to volunteer with organizations like the Side Door Youth Drop-in Centre, said Duncan.

Territorial court judge Bernadette Schmaltz agreed that a criminal record with a conviction for assault could hinder the woman's business pursuits and volunteer activities.

"I accept that a criminal record may have an impact," said Schmaltz, Aug. 31.

The judge said the 11 letters of support for the woman showed her to be of "good character" and "well-respected" in the community.

Schmaltz said she was conscious of the fact that spousal assaults are serious matters in the courts and should not be taken lightly, but added the incident was "not similar to most cases."

The woman pleaded guilty to hitting her ex-husband on the arm during an argument about property in his home. The man wasn't hurt.

Duncan called the assault "minor" and said the incident was isolated.

"There is no history of violence or pattern of violence," said Duncan.

Schmaltz sentenced the woman to three months probation, the amount of time she will have to finish her court-ordered community service.

If she completes her hours of community service and does not violate her probation, she will receive an absolute discharge and no criminal record.

The woman was ordered to pay a $50 victim of crime surcharge.