Judge says spousal assault can’t be tolerated

Judge G.W. Paul
H.P. Court Docket

An East Prairie man will be spending the next few weeks in jail after pleading guilty to assaulting his wife. Clarence Kenneth John, 52, was sent to prison for 45 days but given credit for serving 26 days. It leaves him with only 19 days left to serve. The assault occurred Oct. 3 at East Prairie just before 3 a.m., Crown prosecutor Cameron Jose told court. The two were visiting friends when an argument broke out. They decided to go home where the argument escalated. “He grabbed her by the shoulder injuring her back,” said Jose. What made matters worse was that their two children, aged nine and 14, were in the home. Lawyer Harry Jong appeared in court with John. He said his client was employed and that the two had lived common-law for 10 years. “He was intoxicated,” said Jong. “There was an argument. He says she pushed the coffee table at him first. There was some provocation.” Jong asked Judge G.W. Paul to consider a 30-day to 60-day sentence. Court heard John had a similar conviction and received 30 days in jail last time. Judge Paul told John that the sentence keeps rising for similar offences and gave him 45 days, 15 more days than his previous sentence. “He has to understand he can’t respond physically,” said Judge Paul. - - - - - - - A Driftpile man is lucky to not be behind bars today after pleading guilty to a domestic assault. Charles Cecil Giroux, 20, pleaded guilty to the charge in High Prairie provincial court Oct. 15. Crown prosecutor Cameron Jose told court that police responded to a complaint on the Driftpile First Nation on Oct. 13 and discovered that a man had taken the female victim into the bedroom. “She was upset, she was crying and her face was swollen,” said Jose. Apparently, the two began arguing. Giroux then punched the woman in the face and kicked her in the chest, an allegation later refuted and withdrawn. “He admits to slapping her but not kicking, said Ivan Ladouceur, who appeared in court with Giroux as duty counsel. Jose argued that Giroux should be sent to prison for his actions. “It should attract a short-term sentence,” he told Judge G.W. Paul. Court heard Giroux is taking a carpentry training program and employed. “Both were drinking and under the influence,” said Ladouceur. Judge Paul noted the aggravating factor in the case was it was a domestic assault albeit a girlfriend and not a wife. He also alluded to Giroux’s previous criminal record. Judge Paul fined Giroux $460 including victim fine surcharge. He took into account three days spent in custody as additional punishment but warned Giroux similar action would land him in jail. “He can expect some consequences in the future,” said Judge Paul. Time to pay the fine was granted to Feb. 1, 2008. Giroux must also surrender a DNA sample to authorities. - - - - - - - A poor attempt at theft has landed a Driftpile man behind bars for 14 days. George Raymond Giroux, 33, pleaded guilty in court Oct. 15 to theft under $5,000 and failing to attend court. Crown prosecutor Cameron Joyce told court that on the day in question Giroux and a female entered the Extra Foods store in Slave Lake. “He was hanging around the store for several hours,” Jose told court. “He was looking at various video and DVD players.” Eventually, Giroux left the store with a single item but was caught quickly by store staff. “He said she was supposed to pay . . . but Mr. Giroux left the store,” said Jose. Giroux’s criminal record was submitted to court that Jose called “significant”. To further matters, court heard Giroux pleaded guilty to possession of stolen property on Oct. 9 and received three months in jail. Ivan Ladouceur appeared in court with Giroux as duty counsel. He asked Judge G.W. Paul to consider short, sharp sentence. In rendering his decision, Judge Paul noted there were factors which concerned him. “There was planning and premeditation with the co-accused,” said Judge Paul. “It’s aggravated by the terrible record of previous property offences.” Giroux was ordered to serve 14 days consecutive to his three-month sentence on the theft charge and one more day in jail for failing to attend court. - - - - - - - William G. Cardinal was prohibited from driving for one year and fined $920 including victim fine surcharge after pleading guilty to drunk driving. Cardinal, 42, was stopped by police in the High Prairie Super A parking lot just after 6 p.m. on the day in question, which was not revealed in court. Cardinal had two children and another adult in the vehicle. Court heard Cardinal failed a roadside screen before providing two samples of his breath. The lowest of the readings was .210, over twice the legal limit. Cardinal had no criminal record. Native Counselling Services of Alberta court worker Karen Badger appeared in court with Cardinal. She said that Cardinal was employed and pleading guilty at an early opportunity. In closing, she requested the minimum fine. But Judge G.W. Paul did not agree saying Cardinal blew far too high. He did, however, grant Cardinal the right to apply for the Interlock program after three months. Time to pay was granted to May 1, 2008. - - - - - - - A former Yorkton, Sask. woman found herself in trouble with the law after appearing in court and pleading guilty to breach of probation. Marjorie Quewe- zance was convicted in Yorkton of fraud in 2004 and given a conditional discharge. As a result, she was placed on probation. Crown prosecutor Cameron Jose told court that Quewezance made no effort to contact her probation officer or complete any of the 120 hours of community work after her court appearance. Quewezance, who had the matter waived in from Yorkton for guilty plea, said little during her short court appearance except there were “extenuating circumstances but it’s irrelevant”. Judge G.W. Paul said it was normal practice to fine a convicted person $10 per hour not completed; however, he opted for the far lesser amount of $460 including victim fine surcharge. Time to pay the fine was granted to Feb. 1, 2008.

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