The accused pleaded guilty to assault on a domestic partner, mischief under $5,000, and two counts of breach of probation.
The Crown sought 10 months incarceration plus pre-trial custody credit.
The court imposed a suspended sentence with three years' probation, finding that while domestic violence requires custodial sentences, the relatively minor nature of the physical injuries and the accused's demonstrated remorse warranted a non-custodial disposition.
The court credited 166 days of pre-trial custody on a 1.5:1 basis (249 days equivalent), which satisfied the custodial component.
Strict probation conditions were imposed, including abstinence from alcohol and drugs, no contact with the victim, and mandatory counselling for alcohol abuse and anger management.
