SOMBA K'E/YELLOWKNIFE
A 30-year-old man was sentenced to seven months in jail Thursday for assaulting his common-law spouse once in January and again in February.
The RCMP was alerted to the initial assault two days after the incident when the victim came into the detachment. She said her spouse was questioning her about where she had gotten money for alcohol and became enraged. He had dragged her out into a hallway at the Fort Gary apartments and began punching her and kicking her. Afterward he dragged her back into the apartment.
The victim suffered a cut lip along with bruising to her left ear, right elbow, left tricep and left eye.
The man, who will not be named in order to protect the victim's identity, was arrested for assault on the day the incident was reported but was later released.
In February the RCMP received a call that the same man was assaulting his spouse again, this time at Simpson House. When the officers arrived at the apartment they could hear voices but no one answered the door. The officers announced they were coming in and kicked in the door. Inside they found five people but the suspect was not among them. He had jumped out the window.
The victim, whose eye was swollen shut, was taken to Stanton Territorial Hospital for treatment.
Police found the man two days later on the street with the victim and arrested him. He was charged with assault causing bodily harm.
During the proceedings, however, the charge was downgraded to assault after Judge Garth Malakoe questioned the charge and requested more evidence. In response, Crown prosecutor Cecilia Bastedo listed the ways the victim had been hurt, including being punched in the face, chest, head and arms as well as being choked.
But after some back and forth the charge was changed.
Further into the proceedings, Bastedo requested the man get eight months for the assaults. In addition, she suggested he get two months for three additional charges before the court, which included two counts of failure to appear and a breach of no contact.
The Crown prosecutor pointed out that the accused has six previous convictions, four of which are for violent crimes. It's not a lengthy record, she said, but it is relevant and related.
Meanwhile, the defence painted a picture of a hardworking, community-oriented individual. The man works three casual jobs and has volunteered with the Salvation Army as well as the YWCA, said defence lawyer Paul Falvo. While in jail he has been attending Alcoholics Anonymous meetings and talking circles.
When given a chance to speak, the man expressed his remorse for his actions.
"I really do feel bad for what I've done," he said.
The judge said he was impressed by the man's hardworking nature and feels he has the potential to be a productive member of society.
In making his decision, Malakoe considered the accused's record and that the assault was done in a relationship of trust. In the second assault case he looked at the fact that the man was under a court condition prohibiting him from having contact with the victim.
In the end, Malakoe sentenced the man to seven months in jail for the two assaults, and a total of nine months on the five charges facing him. The man will likely be given about 34 days credit for time served.
In addition, Malakoe put the accused on a year's probation and left him with this thought.
"I meant what I said, you have the potential. I hope you take advantage of it," he said.
