This is a sentencing decision for Andrew Kirkpatrick, who pleaded guilty to one count of assault with a weapon (a pellet gun) arising from a domestic incident.
The accused shot the complainant, his intimate partner, in the neck while intoxicated.
The Crown sought a custodial sentence of 180 days, 18 months probation, and a 10-year s. 109 order, which the court ultimately imposed.
The court considered mitigating factors such as the guilty plea and completion of a Partner Assault Response Program, alongside significant aggravating factors including prior convictions, the dangerous nature of the assault, lack of genuine remorse, and the domestic violence context.
The decision discusses the application of sentencing principles, including denunciation and deterrence, and the criteria for conditional sentence orders under the Criminal Code.