Many people have experienced a moment in their lives when they acted in a manner that was out of character. If a crime is alleged to have been committed during one of these moments, it may ultimately be viewed in a different light than the actions of a habitual offender. A northern Ontario man found himself in court recently, facing domestic assault
charges after acting out uncharacteristically.
On March 29, 2016 police responded to a domestic dispute call at a residence in Astorville, a small town about three hours north of Toronto. A 34-year old man was arrested after assaulting both his common-law partner and her daughter. According to testimony, he shoved the older woman after she suggested he go to bed, and then shoved her daughter when she came to her mother's aid. The mother was not injured, but the daughter suffered a concussion and cuts from falling to the floor. The man had consumed enough alcohol and cocaine that he could not remember the incident, and only became aware of the situation when he found himself handcuffed and in prison.
He was charged with one count of assault and one count of assault causing bodily harm. He was found guilty and given a four-month conditional sentence, to be followed by probation for a period of eight months. He will also serve a 30-day house arrest at the home of his parents, though the Crown had sought a 90-day stay in jail. Additionally, he was fined $100 for each assault. The judge took into consideration the man's decision to voluntarily enter into a treatment program prior to his court appearance.
When faced with a first-time offence such as domestic assault, it can be a helpful part of a person's defence to show remorse, when applicable, and a desire to avoid repeating the behaviour. Still, this man was fortunate to avoid the prison time sought by the prosecutor. An individual accused of a violent crime in Toronto, whether a first offence or not, would be well advised to seek representation from a local criminal law attorney to assist with their defence.
nurun.com, "Domestic assault leads to house arrest
", Oct. 20, 2016