PORT HARDY—Crown and defence counsels were ordered back to the drawing board in the Port Hardy Courtroom case of Kevin Sheard this week, as the Judge ??? foresaw problems with their joint submission.
The court heard that RCMP had responded to an abandoned 911 call on Market Street in Port Hardy on July 1 last year.
Officers heard an argument had taken place between Sheard and his partner, and he was alleged to have smashed her phone in the incident.
As part of a joint submission to the Judge, Crown counsel suggested including a "leave condition" — that the accused should have to leave the company of the complainant if they or a peace officer ordered them to do so. When pressed by the Judge on how such an order should work, Crown suggested that Sheard should leave and not return until a probation officer cleared him to do so.
When the Judge pointed out that, in his experience, this was not something the probation service liked to get involved in, Crown suggested the complainant could order him to leave then tell him when to return or use a set cooling-off period.
"I am not looking kindly on this order," the judge responded, pointing out the potential "he said, she said" situation and ensuing litigation that could arise.
"I'm going to stand this down briefly," he decided. "Crown and defence can put their heads together and come up with a more workable solution."
When the matter was recalled, the Judge looked more favourably on the revised submission, agreeing to a $500, one-year peace bond.
Breach earns week in jail
Christine Charlie appeared before the court on two charges of breaching an undertaking.
Charlie was located by RCMP officers at 3 a.m. on Tsulquate Road, in breach of a curfew. When officers approached, she was found to be intoxicated, also breaching conditions.
Charlie was fully co-operative with officers. The judge sentenced Charlie to seven days which was covered by time served saying, "Given the nature of this case, the circumstances are relatively innocent."
Time served for assault
Stacey Paul appeared in the Port Hardy Court to answer an assault charge after RCMP officers received a call from the alleged victim.
The man claimed to have been hit in the face and had his hair pulled by Paul, showing officers tufts of hair that had been pulled out. He knew his alleged attacker and told officers he had to run away to avoid the assault.
RCMP officers then went to Paul's home and found her intoxicated. She admitted punching the man.
The Judge agreed with a joint submission, handing down a one-day, concurrent sentence for the charges, amounting to time served, as well as a one-year probation order including a no contact with the victim provision.
One extra day for breach
Derrick Johnny had to answer to a set of breach of undertaking charges last week.
The RCMP had responded to a call saying that Johnny was "causing trouble" in the early hours of Nov. 23 last year. The responding officer found the accused highly intoxicated and in breach of curfew and alcohol conditions.
After Johnny pleaded guilty to the charges, both counsels sought a 45 day term, which equated to time served for the accused.
The Judge agreed, sentencing him to one day concurrent on the charges.