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18 months for coffee mug assault

Tim Edwards
Northern News Services
Published Friday, December 3, 2010

SOMBA K'E/YELLOWKNIFE - A prisoner who attacked another inmate with a mug of boiling liquid at the North Slave Correction Centre last year was sentenced in Supreme Court Nov. 29 to 18 months in jail.

Chester Jason Allen, 33, pleaded guilty to assault causing bodily harm.

"It is obvious from looking at the photograph exhibits the victim suffered a great deal at the time," said Justice J. Edward Richard during sentencing, though he noted that today the only physical remnants of the attack are "minor scarring" on the victim's face and shoulder.

Crown prosecutor Marc Lecorre read the facts aloud to the court.

On Oct. 4, 2009, a prison guard on patrol felt a drop of scalding hot water hit his skin, and looked to an upper balcony area to see Allen attacking another inmate with a coffee mug.

Allen had microwaved "liquid" to the point of boiling, walked up to the victim, and, after a few minutes of "verbal exchange," smacked him with the mug across the face. Allen hit him a few more times even though the guard repeatedly ordered him to stop. The assailant was arrested and charged within the jail.

Neither Lecorre or the defence lawyer, Stephen Shabala, could agree upon the exact contents of the cup, so it was only referred to as a liquid. Allen maintains it was tea, but in a victim impact statement the victim alleges it was cleaning chemicals, both of which were not proven in any way.

The victim suffered second degree burns on his face and shoulder and was hospitalized for five days. Upon exiting medical care he was on prescription pain-relievers, and suffered from vision problems for "several days." He was referred to an eye doctor who gave him a special contact lens that served as a bandage. His vision has since recovered and he no longer requires pain medication.

Shabala said Allen spent eight months in solitary confinement after the incident, and was only allowed out to shower.

Shabala said there was history between Allen and the victim, but did not go into much detail other than saying it involved alleged threats made to Allen's family.

Allen took the stand and asked for the victim's forgiveness.

"I'm truly sorry for injuring (the victim) ... it was my stupid mistake," said Allen.

"I wish him the best in his recovery ... I hope that one day he can accept my apology."

Though Allen had no history of violence, he did have a record for breaching court orders. He was in jail at the time of the attack for breaching bail orders related to a charge that was later either withdrawn or stayed by the Crown, according to Lecorre.

Richard handed him 18 months, minus the seven months he'd spent in custody since serving his sentence for the breaches, which ended in April.

"Mr. Allen, your lawyer indicated to me this morning that your intention is to live a crime-free life (upon release)," said Richard.

"I hope you stay true to that."

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