A domestic situation has led to a charge of common assault for Zachary West, who received a conditional discharge after pleading guilty to assault in Kindersley provincial court on Feb. 20.
Dorinda Stahl, the Crown prosecutor, said West and the victim were being supported by a counsellor during the court appearance.
She said West was representing himself and he wanted to enter a guilty plea to the charge of common assault.
She told the court that the Crown would be asking for certain conditions. Court heard that the accused and the victim did not want a no-contact clause because they want to work things out. Stahl said the judge could talk to the victim and the counsellor, but she would leave it up to him.
[emember_protected for=”2″ custom_msg=’For more on this story, please see the Mar. 7 print edition of The Clarion.’]
The incident occurred on Feb. 14 and the prosecutor said the victim, West’s spouse, called 911 to report that her husband was intoxicated and he threw her to the ground. Stahl said he admits to dragging her to the ground. The incident occurred at 11:30 p.m.
Court heard that the victim, who ended up with a light scratch on her arm and a bruise on her leg, struck West first, and then he shoved her to the ground. West claimed it was not the first time she had struck him, Stahl said.
The couple has two children ages five and two, but they were both in bed asleep at the time. Stahl said the Crown is seeking a 12-month conditional discharge with addictions assessment and treatment for alcohol, take counselling as directed, report to a probation officer and no bars or alcohol. The judge was left to decide whether or not a no contact clause should be added to the list of conditions.
After talking to the victim and the counsellor, Judge Robert Jackson said he would not impose a no-contact clause. He said the couple has to make “a joint effort” to get through the situation. He ordered West to pay a $100 victim surcharge and to serve a 12-month conditional discharge, a sentence not resulting in a criminal record unless he breaches conditions.
Other matters arising from court
• Wayne Murray has pleaded guilty to breaching a probation order, and his lawyer agreed to a joint submission with a sentence of time served as the punishment.
Dorinda Stahl, the Crown prosecutor, told provincial court on Feb. 20 that Murray has a criminal history. She noted that the joint submission with Murray’s lawyer would be for three days time served. Murray was released after Justice Robert Jackson had accepted the joint submission.
Court heard that police were called to a home where an unwanted person was in the residence and the person, Murray, was smashing items in the home.
The police learned that the accused was on probation and he was not to consume any alcohol.
The prosecutor said Murray refused to provide a breath sample, but the police could detect the odour of alcohol. Stahl said Murray has been reporting to a probation officer, but he has failed to report to get help for his addictions.
Murray Pelletier, the man’s Legal Aid defence lawyer, said he believes his 43-year-old client has learned the value of reporting.
He told the court that his client has not finished the addictions part of his probation order, but it needs to be done. Jackson, who imposed a $100 victim surcharge, agreed and he accepted the joint submission.
• Erica Morrill has been ordered to pay a $123 fine for speeding. Cpl. Marc Duocher of the Kindersley RCMP, the acting Crown prosecutor, told the court that he spoke to Morrill on the phone and she admitted to driving 113 km/h, so he changed the subsection of the ticket. Justice Robert Jackson said he would grant the change, so the fine would be $123 instead of $188 and she has until April 30 to pay.
• Changsun Cao has agreed to enter a guilty plea to driving at a speed greater than 35 km/h above the speed limit. The Crown prosecutor withdrew a second ticket and Cao was ordered to pay a $352 fine for speeding.
• Ty Milton has pleaded guilty to driving while his license was suspended and he has been ordered to pay a fine. The court ordered Milton to pay a $150 fine for driving while suspended and he was given until the end of April to pay.
• Kevin Hollinger has pleaded guilty to driving at a speed on a highway that impedes the normal and reasonable movement of traffic. The charge had been changed and the Crown prosecutor said it was an unusual infraction. The court ordered the accused to pay a $125 fine.
[/emember_protected]
