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Man gets jail for Christmas Eve assault

Cara Loverock
Northern News Services
Published Friday, January 23, 2009

SOMBA K'E/YELLOWKNIFE - A Yellowknife man who slapped his common-law wife while she held their young son was given two months jail time on Tuesday.

The 21-year-old man pleaded guilty to one charge of assault and one charge of failure to comply with court conditions. A third charge of unlawful confinement was withdrawn by the Crown.

Crown prosecutor Sandy Aitken told the court the woman's father had phoned RCMP in Yellowknife on Christmas Eve and told them his daughter was in need of police assistance.

The woman told police that her spouse had forcibly held her down on a bed and "at one point forced her eye open," said Aitken.

The woman crawled into the crib of the couple's 16-month-old son and was holding the child when her spouse tried to pull her out. When he couldn't, he slapped her across the face. Aitken told the court the man would not allow his spouse to leave or use the phone. She eventually was able to call her family in Inuvik and alert them to the situation. She then "hid in the bedroom until police arrived," said Aitken.

He described the man's criminal record as "fairly extensive" and said he had other convictions of assault on the same woman.

Defence attorney Jay Bran said the man was "extremely embarrassed and sorry for what had happened."

"We certainly can't come to court and say this is the first time this has happened," said Bran, adding the accused had failed to deal with his emotions properly.

Bran said the woman was in the courtroom and wanted to attempt reconciliation.

The man spoke to the court in a muffled voice as he read from a written statement.

"I had no right to hurt the love of my life," he said.

Judge Robert Gorin described the assault as "serious" and said the accused seemed to have "a real problem with his anger."

He was sentenced to two months in jail, in addition to three months credit for time served.

He must also submit to a DNA order, have no contact with his common-law spouse unless she initiates it, and serve one year of probation.