Man pleads guilty for two seperate incidences
Tara Kearsey
Northern News Services
Yellowknife (Mar 09/01) - A Rae man with a history of assault-related convictions has been jailed for assaulting his mother.
Rene Nasken, 32, will spend five months behind bars after knocking his mother down in her own home. He pleaded guilty to the charge in territorial court Wednesday.
Nasken and his commonlaw wife were living with his mother in the Rae senior citizens complex when the incident occurred in Oct. 20, 2000.
The woman suffered from swelling to her head as a result of the fall.
The court heard that Nasken initially co-operated with police at the time of his arrest, but soon became enraged stating he would not be taken away.
He then grabbed the officer's arm and began pushing him to try and get away. The officer told Nasken that if he didn't calm down that he would have to get physical. Nasken continued to resist arrest so the officer punched him once in the face and pepper sprayed him.
Nasken also pleaded guilty to assaulting a waitress at the Right Spot bar last month.
The waitress asked Nasken to leave soon after he entered the bar on Feb. 13 because he had been banned from the establishment.
The court heard that Nasken, who was extremely intoxicated at the time, grabbed her arm with one hand and pulled the other hand back as if he was about to strike her. The waitress broke free and called the police. Nasken was later arrested by the RCMP at Centre Square Mall.
Judge Brian Bruser took a close look at Nasken's lengthy criminal record, which listed 10 assault-related convictions dating back to 1985.
"Clearly the (criminal) record is one of the most aggravating features of this case," said Crown prosecutor Sue Kendall.
Kendall was disturbed that Nasken's mother had agreed to let her son stay in her home and he then showed his gratitude by assaulting her.
The only mitigating factor, said Kendall, was that he pleaded guilty and saved his mother from having to testify against him.
Defence lawyer Tom Boyd said Nasken thought he was pushing his mother onto the bed at the time of the incident.
As for the second incident at the Right Spot, Boyd said Nasken "feigned hitting the barmaid ... it wasn't intended that he would strike her.
"He thought it was a prank but it obviously alarmed the barmaid," said Boyd.
At the time of sentencing Judge Bruser said he could not ignore Nasken's criminal record.
"It flashes at me like cautionary signs," he said.
Nasken was sentenced to five months in prison for both offenses. A five-year firearms prohibition was also handed down by Bruser, as well as an order to submit a DNA sample.
