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Man located, sentenced to jail time 6 years after conviction

The man was convicted of assaulting his partner at the time
Richmond Provincial Court 2
Richmond Provincial Court

Warning: The following article contains descriptions of intimate partner violence and may be disturbing to some readers.

A man is going to jail for one more day after being in custody for 60 days for threatening and assaulting his ex-partner in her Richmond home in 2016.

The 49-year-old man, who is not named to protect the identity of the victim, was convicted after a trial in 2017 for showing up unwanted at the victim’s residence. During an argument, he placed the victim in a headlock, swung her around by grabbing her wrist, and swung a knife at her.

The victim had ducked down and was struck above the eye, leaving her with a red mark on her eyebrow and a scratch along her hairline.

The man then stabbed the cabinet behind her and took the knife to the rangehood above her stove.

He was ultimately arrested at a nearby Skytrain station with her jewellery in his possession after the victim ran away and called the police.

The man was supposed to be sentenced in August 2017, but he failed to show up in court and a bench warrant was issued against him.

He was re-arrested last month when police in Vancouver happened to be attending to a separate matter.

Lasting impact on victim

In a previous statement provided to the prosecution in 2017, the victim said the incident had “changed (her) perspective on humankind” and had inflicted “so much harm in so many ways” on her life. The victim mentioned feeling “constant fear” that the man might show up and that she has since fallen into “deep depression.”

The court heard that the man’s absence from the court in 2017 had “escalated things” for the victim, who provided an updated statement last week. She had since moved out of the Lower Mainland and changed jobs.

“The feelings still haven’t gone away,” the victim told Crown counsel Sharon McCartan.

“I’m always on guard that someone will hurt me or try to get me.”

McCartan told Richmond provincial court judge Glenn Lee the man’s behaviour that evening and afterwards was “exceptionally controlling.” The man had contacted the victim after his arrest contrary to his bail conditions.

She added that aggravating factors included the fact that the victim was his domestic partner and the incident had taken place in her home where “everyone expects to be safe.” The man also aimed the knife at the victim’s head, which was “extremely dangerous.”

The court also heard that the man had previously entered into a peace bond for another incident with the victim’s property back in 2012.

“But unfortunately, being placed on that recognizance didn’t deter (the man). In fact, he escalated his behaviour to an actual assault,” said McCartan.

The man had a limited criminal record and this was his first violent conviction.

Man did not commit crime while on the lam: defence

Eric Warren, counsel for the man, told the court that while it was “terrible” for him to miss court, the man had not been convicted of “anything in the meantime.” The man had apparently been “around” in the Lower Mainland, “keeping a low profile,” and working for most of the time until he began drinking “too much.”

Warren claims his client has been sober for 48 days since his arrest and is optimistic that he will be able to find a job soon.

When asked to address the court, the man answered through an interpreter and said he can “see things more clearly” and he was happier with himself.

“My greatest wish is to see my mother, my family. I haven’t seen my mother, my family, for 30 years, and I know it’s possible if I go on working on myself,” he said.

Judge Lee accepted the joint submission from prosecution and defence and sentenced the man to one more day in jail as he had already accumulated 60 days in credit from being in custody.

The man will then be placed on probation for two years with conditions including no contact with the victim, participating in counselling or other education programs as directed by the probation officer and no possessing any sharp-bladed instruments and weapons.

He is also required to provide a DNA sample and is banned from possessing non-prohibited firearms for 10 years.

Despite the one-day sentence, the man will not be released yet as he is currently being detained for other matters.

Resources and support are available for anyone affected by intimate partner violence. For those in Richmond, Nova Transition House offers emergency shelter and has a 24/7 helpline (604-270-4911). VictimLink BC also provides a 24/7 helpline (1-800-563-0808) for crisis support in 130 languages. A comprehensive list of resources and supports across Canada can be accessed here.