Court File and Parties
Court File No.: Newmarket Date: 16 June 2014 Ontario Court of Justice
Between: Her Majesty the Queen — and — V.P.
Counsel: Ms. Thompson for the Crown Mr. Reisman for V.P.
Reasons for Sentence
KENKEL J. (Orally):
Facts and Guilty Plea
[1] V.P. pleaded guilty on the day of trial to assaulting her 10 year old son.
[2] Teachers at the child's school noticed that he had blood under his nose and had a panicked look. He told them that his mother had been drinking alcohol that morning and in the course of an argument she hit him in the nose.
Aggravating Factors
[3] The fact that the assault was upon a child, by his mother, are both circumstances that aggravate sentence. So too is her prior finding of guilt for assaulting her mother. While not a criminal record, the prior incident of domestic violence is relevant.
Victim Impact
[4] The victim impact statement shows that the complainant is doing well now that he lives with his father, but he noted that he would "not feel safe" if he were ever alone with his mother.
Mitigating Factors
[5] The guilty plea is an indication of remorse but a very small one as it comes at the outset of a two day trial set in November of last year. A stronger mitigating factor here is the fact that the complainant completed counselling for substance abuse at CAMH. The June 5th letter says she declined participation in aftercare but today says she's willing to engage in that program as well.
Sentencing Submissions
[6] The Crown and defence both request that a discharge be imposed. The Crown requests a conditional discharge. The defence submits that the discharge should be absolute given the counselling she has done.
Sentencing Decision
[7] But for the joint submission, I would have thought that denunciation and deterrence require a finding of guilt for a second offence of violence in a domestic context, particularly where the offence was in relation to a child. An absolute discharge would not address those concerns nor would it provide any help with rehabilitation towards avoiding further incidents.
[8] Given the accused's efforts at rehabilitation and the submissions of both counsel, I will grant a conditional discharge with probation for two years on the following terms and conditions:
- Keep the peace and be of good behaviour
- Report as required
- Have no contact with the complainant unless as authorized by Children's Aid Society
- Continue counselling for alcoholism as directed by probation
- Take parenting counselling as directed by probation
- Sign any releases as necessary for probation to monitor your counselling
- Not possess any weapons as defined by the Criminal Code
[9] In addition there will be an order prohibiting possession of any firearms or related items set out in s.110 for 5 years.
Delivered 16 June 2014
Justice Joseph F. Kenkel