Territorial Court
Decision Information
Summary: 36 year old accused pleads guilty to assault causing bodily harm. The accused and complainant were drinking. When the complainant passed out the accused got annoyed and kicked the complainant in the face with a shoed foot causing the complainant to suffer a swollen face and torn retina. Complainant required surgery in Edmonton to repair damage and came close to losing the sight in that eye. Court considered that accused has no previous criminal record, cares for a family, has regular employment , and has plead guilty despite not having any recollection of the event. Court also considered the submission that if the accused can serve his sentence intermittently, he can continue his employment.
Decision: Sentnece - 45 days incarceration to be serve intermittently, followed by 2 years probation including 75 hours community service ; 5 year firearms prohibition
Subjects: Criminal law - Assault - Assault causing bodily harm