With recent discussion of “catch and release” justice, are sentencings happening locally? As my assignments include provincial court, I can confirm they are.
So why is there only occasional court coverage in Coast Reporter? Here’s an explanation…
First, if court ordered publication bans are attached no reporting is allowed.
In other adult criminal files, we look at the “reasons for appearance” on the public court docket. Often, many listed are at preliminary stages. These are necessary steps in the judicial process but won’t result in decisions or resolutions to report on. We don’t cover those appearances and only attend proceedings scheduled for disposition, trial or sentencing.
We aren’t always privy to the circumstances behind the charges. In two recent cases, we attended for sentencing but nixed coverage as both involved intimate partner violence (including uttering of threats and breach of non-contact orders). In these, the victims had already faced one of life’s most brutal betrayals of trust. The boundaries of compassion and respect mean we don’t publish full details.
But as Crown counsel pointed out in an Aug. 1 sentencing, when it comes to victims “vulnerable because of personal circumstances,” one objective of Criminal Code of Canada section 718 is to promote a sense of responsibility in offenders and acknowledgment of the harm done to victims and the community.
While reporting of names won’t happen, this column is to let our community know that sentences were imposed: for the first offender, a man in his 50s, three years of probation. For the second, a man aged 30, jail time and two years’ probation.
The judge, in sentencing, weighs related aggravating and mitigating factors. After being arrested and having charges filed against them, both offenders committed the aggravating act of disobeying no contact orders put in place to protect their victims.
On the mitigative side, guilty pleas were entered by both, saving the cost of a trial and eliminating the burden of having to relive the experience in testimony from the victims. Each of the offenders expressed remorse before the court for their actions.
Substance abuse was a contributing factor in the lives of both accused and steps being taken to address that behavior was introduced by their defence counsels. Recounts of positive steps being taken by each offender towards establishing stable housing, employment and counselling came forward. All viewed as mitigations in favour of those charged.
Men of different generations were sentenced for similar and very frightening actions towards a person each was sharing their life with. Judges stated the rulings handed down were to ianfluence them to make changes in their lives and as deterrents from repeating past behaviors.
Only time will tell the result.
For the 30 year old, it was revealed in court that he had two young sons. Not only does his future success depend on adjustments happening in his life, the choices he makes will influence his children. If he doesn’t make a positive shift, will he again be in court for intimate partner violence at 50 and if so, what other damage will have been done?
