BOYLE – A Buffalo Lake Metis Settlement man who assaulted a woman while high on crack cocaine in 2020 received jail time and a two-year probation order.
In Boyle Court Justice June 27, Jason Henry Howse, 47, pleaded guilty to assault (choke, suffocation, or strangulation) before his trial began, as part of a joint submission from Crown prosecutor Ashley Kirby and defence counsel John Sinclair.
In addition to a 45-day jail sentence, Howse will serve 24 months of probation, which includes terms that he abstain from alcohol and drugs— Kirby said that isn’t a clause she typically includes, but due to the nature of the case and his record felt was appropriate. Other conditions include that he attend any treatment put forward by his probation supervisor, as well as a no-contact and no-go order for the victim and her family, plus a mandatory DNA order.
Justice Carrie-Ann Downey accepted the joint submission, saying that the length of the sentence was appropriate.
“This is a situation involving domestic violence; there was some issue with respect to jealousy. Taking into account the many factors put forward by the defence counsel, including the Gladue factors. There are serious traumatic events including suicide, as well as drug and other family related issues. I understand that you are residing with your mom, and are working, which is great, as is the sobriety. I accept that your decision to defer treatment was a good one, particularly since you were able to maintain your sobriety, and you used your time in custody well,” said Justice Downey. “Your guilty plea is still mitigating, even on the day of trial, since the complainant didn’t have to testify.”
Sinclair told court that his client had spent his pre-trial custody time completing classes on domestic and family violence — with 30 days of pre-trial time in custody, Howse was to a time served situation. Sinclair told court that his client is maintaining sobriety since his release while he stayed with his mother and worked as a roofer with his cousin. While Howse has been accepted into a Bonnyville-area treatment program, he delayed starting until after his court matters were finished.
“He wants to go, he’s set to go, he just wants to deal with the matters before the court before he went into treatment,” said Sinclair. “It’s a valid approach to want to not have it looked at like he was just doing it to look good before (his sentence).”
Sinclair added the Gladue factors that have impacted Howse included that he has a Grade 9 education, residential school factors through his grandparents, multi-generational addictions issues, and lost family members to overdose and suicide.
The facts
Kirby told court that around 6:40 a.m., March 10, 2020, Boyle RCMP responded to a domestic assault call. The victim told police that Howse had gotten jealous that she wouldn’t put her Facebook account on his phone. Howse was high on crack, and became angry, placing one hand around the victim’s neck and strangling her until she couldn’t breathe.
Once Howse fell asleep, the woman was able to flee to the neighbor’s house, at which point he chased her. Howse was unable to gain entry to the neighbor’s house, and when police attended, they were unable to locate him, and he was arrested at a later date.
Sinclair said that while the facts were admitted, Howse was unable to remember a substantial portion due to being high.
