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No more jail for man who punched spouse with keys
28-year-old convicted of assault with weapon for attack in Days Inn stairwell

John McFadden
Northern News Services
Wednesday, February 1, 2017

SOMBA K'E/YELLOWKNIFE
A Gameti man has been sentenced to time served after being convicted of assault with a weapon for punching his common-law spouse in the arm with her keys in his fist at the Days Inn in Yellowknife.

Yellowknifer has chosen not to name the man or the victim in order to protect her identity. Court heard that the 28-year-old man spent a total of 18 days in custody prior to his sentencing in territorial court on Monday. Judge Garth Malakoe gave the man 27 days credit for the time he was incarcerated, giving him 1.5 days credit for each day he served in custody which is standard practice. Malakoe noted that some of his time in custody was served in RCMP cells as well as the North Slave Correctional Centre.

The offender pleaded guilty to assault with a weapon for punching his spouse while holding her keys in his clenched fist in the hotel stairwell on April 2 of last year. In a relatively rare circumstance, even though he pleaded guilty, both the man and victim testified during the sentencing hearing. The accused had a very different version of events than did the victim. A photo exhibit, however, backed up her tearful testimony from the witness stand that the punch left her with a scratch on her arm.

The man showed no emotion while she spoke.

Malakoe rejected his testimony that he had merely thrown the keys at the woman, hitting her in the chest. He denied striking her and testified that she had scratched her arm the night before when she fell against a coffee table at a friend's residence while intoxicated. The victim testified the assault occurred when she followed him into the stairwell after he had left their hotel room with the keys to her pick-up truck.

The man also pleaded guilty to simple assault for hitting his spouse in the mouth while at a party in Gameti on May 7 of last year. He testified that he had only struck her in the shoulder but Malakoe accepted the victim's testimony that she suffered a cut lip.

The accused was also convicted of mischief for smashing out the driver's side window of the victim's truck after he was thrown out of the party by the host following the assault. He was also convicted of operating a motor vehicle without a valid licence after recklessly driving a truck into the driveway of the woman's parents earlier that same day, coming within a few feet of the home itself. He was fined $200 for driving without a licence.

Court heard that the accused breached his court conditions by not reporting to his bail supervisor last November and overstaying the time he was allowed to return to Gameti to visit his parents and his two young daughters that he has with the victim. His lawyer, Charles Davison, said the man had overstayed the time that he was allowed to return to that community and had not reported to his bail supervisor in Yellowknife because he had found work in Gameti building an ice rink.

Crown prosecutor Maren Zimmer had asked for 30 days jail time but did not oppose the judge's decision to shorten that to 27 days.

In sentencing the accused, Malakoe made it clear to the man that his behaviour will not be tolerated and if he were to come before the court again on similar charges, regardless of who the judge was, he would be sentenced to jail time.

"When dealing with assaults involving spouses, we have to treat them very seriously. It is necessary to create an environment that does not include violence, especially with children involved because it then becomes their nature and the cycle goes on and on," Malakoe said.

"No matter what, you are never to raise your hand to a spouse whether your are angry or drinking or otherwise. This behaviour has no place in a relationship."

The accused who did not have a previous criminal record, was also sentenced to 18 months probation and must pay a victim of crime surcharge of $330.

He was also ordered to pay $250 in restitution for breaking the vehicle's window.

The judge also forbid the offender from contacting the victim without her permission. It was not clear during court whether the couple have separated.

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