BOYLE – A Grassland man will have to be on his best behaviour for the next year and a half if he wants to keep his criminal record clean, after receiving an 18-month conditional discharge during a recent court appearance.
In Boyle Court of Justice Sept. 26, Kevin Randal Witney, 39, pleaded guilty to mischief damage under $5,000 as part of a joint submission between Crown prosecutor Robynne Thompson and defence counsel Patrick Edgerton, after court heard he had smashed a romantic partner’s phone during a post-coital argument that saw both individuals damage property. An additional assault charge was withdrawn as part of the plea.
Justice Thomas Achtymichuk accepted the joint submission, but not before telling Witney how uncommon the conditional discharge was.
“These are not given regularly, they are given rarely and in exceptional circumstances when there are crimes of violence, particularly when they are crimes of violence in a relationship,” said the Justice. “This is not the usual result.”
Edgerton told court that his client, who worked as a tire tech and mechanic, had since moved on from the relationship, and was doing better.
“Things are going well, his sister is here with him for support, and she says that she has noticed some significant positive changes in his life,” said Edgerton. “There’s been a decrease in his alcohol consumption, he looks healthier, he’s calmer and level-headed. We’re hoping that this submission will keep him on a rehabilitative path, and it will be the last time he’s before you.”
The conditions in the discharge include the standard conditions, as well as a condition to attend treatment and counselling as directed by the probation officer. Witney will also pay $475 in restitution for the phone before March 23, 2024.
The facts
Thompson told court that on March 17, 2023, Witney and a woman were in a relationship, and in the process of moving in together. Prior to the move-in, the two were having sex the morning of and stopped. Thompson said that this escalated into a verbal argument, and then a physical altercation.
Thompson said that during the altercation, possessions of both individuals were destroyed.
“At one point, Witney picked up the woman’s phone, and broke it in half,” said Thompson.
