ONTARIO
SUPERIOR COURT OF JUSTICE
Court File No.: CR-13-492
Date: 2014-11-18
B E T W E E N:
HER MAJESTY THE QUEEN
Natalie Thompson, for the Crown
- and -
SHAWN JEFFREY MANSHIP
Michael Mavraganis for the Defendant.
Defendant
Heard: November 18, 2014
REASONS FOR SENTENCE
T.D. RAY J.
1. Overview:
[1] The events of the morning of June 3, 2012 involved a series of offences by the defendant. The defendant pleaded guilty to three counts of breach of the terms of his release pending trial after his arrest: to abstain from communication with one of the complainants, to abstain from consumption of alcohol, and to keep the peace and be of good behaviour. He also pleaded guilty to a number of driving offences after he left the complainants residence June 3, 2012: Failure to stop, dangerous driving, assaulting a police officer with a weapon – a motor vehicle, and operating a motor vehicle while over .08. I found the defendant guilty of assault on each of the three complainants, with assault causing bodily harm to one of the complainants. (2014 ONSC 5155).
[2] The defendant is a first time offender.
2. The Facts:
[3] The nine offences fall into three categories: breaches of conditions imposed on the defendant after his arrest on April 3, 2012; assaults on the complainants June 3, 2012; and finally the various offences which arose during and at the conclusion of a police chase, after the defendant had committed the assaults June 3, 2012.
(a) Circumstances of the offence
[4] Counts 4, 5, and 6: Breaches of conditions: The conditions had been imposed after an altercation April 3, 2012 which involved the defendant’s girlfriend. The defendant pleaded guilty to all three counts. I found that in violation of his conditions, the defendant communicated with Ms. English several times between April 3, 2012 and June 3, 2012. They communicated by phone several times and saw each other face to face. Contrary to his conditions, I found that the defendant consumed more than two beers on June 3, 2012, and further that on his own evidence, he consumed at least a beer and a half on June 2, 2012, including a beer at his apartment before leaving for Carleton Place on June 3. I further found that the defendant had breached the condition to keep the peace by virtue of the assaults on the complainants as well as the various driving offences and other offences arising from the pursuit