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Husband who bites wife gets probation

Terrence McEachern
Northern News Services
Published Wednesday, July 13, 2011

SOMBA K'E/YELLOWKNIFE - A 25-year old Yellowknife man who bit his wife on the hand during an argument earlier this year avoided a jail sentence in territorial court July 7.

Judge Robert Gorin accepted defence lawyer Glen Rutland's explanation that his client's behaviour was "out of character" on the night in question, and sentenced him to nine months probation and 40 hours of community service. Gorin said he gave the offender credit for an early guilty plea May 26, telling him, "you saved your spouse the discomfort of testifying in court."

The incident occurred on Feb. 6 when, at 3:20 a.m., police arrived in response to a complaint to find the couple already in bed. They woke them, and the wife explained she and her husband had been arguing after an evening of drinking. The officers then noticed the woman was bleeding from the hand where she'd been bit.

The Mounties arrested the husband, who was released on bail the same day.

Crown prosecutor Dan Rideout said what was troubling about the assault was that it breached the trust between a husband and wife, and that the couple's two-year-old daughter was in the next room during the incident.

Because the offender didn't have an existing criminal record and had taken responsibility through the early guilty plea, Rideout asked Gorin to impose a sentence of one day in jail and 12 months probation, including anger and alcohol management counselling and a condition that he not possess or consume alcohol for the duration of the probation order.

Rutland said the one-day sentence wasn't necessary because his client had already learned his lesson. Rutland said the man hadn't drank since the incident and added that the couple are still together.

Besides the standard conditions of the probation, such as keeping the peace and good behaviour, Gorin included the condition that if the woman wants her husband to leave her presence, then he must do so for a period of 48 hours - and cannot have contact with her until the time elapses and she consents.

Gorin also prohibited the man from possessing or consuming alcohol.

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