Deepa Sankari Balachandran

Following conviction after trial for two counts of criminal harassment and theft under $5000 against a former intimate partner, the court determined sentence.

The accused had an extensive record including numerous court-order breaches and violent offences, prior conditional sentences, and no remorse or participation at sentencing.

Applying Criminal Code sentencing principles, including ss. 718 and 718.2(a)(ii), the court treated intimate-partner context, repeated attendances at the complainant’s residence, and disregard of police caution as aggravating.

The court held that a conditional sentence order would not protect community safety and would not satisfy denunciation and deterrence.

A global seven-month custodial sentence with pre-sentence custody credit, concurrent terms, two years’ probation, a DNA order, and a lifetime weapons prohibition was imposed.

The defendant brought a motion to have portions of a witness's videotaped statement excised.

The witness was the defendant's 13-year-old daughter, and the Crown sought to introduce her videotaped statement pursuant to section 715.1 of the Criminal Code in a domestic assault case.

The defence objected to portions of the statement that went beyond the acts complained of, specifically comments about prior assaults and an assault occurring four years prior.

The court granted the motion in part, finding that preliminary comments about the relationship between the parties were admissible for context, but excising the discussion of the assault that occurred four years prior as it fell outside the scope of the charges.