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BARRHEAD - A Barrhead man received a 12-month suspended sentence along with probation in connection with a domestic violence incident this winter.
Yannick Francis Gaulin pleaded guilty to assault at Barrhead's Court of Justice on May 28.
The Crown withdrew another charge of disobeying a Court of King's Bench order.
Justice Jordan Stuffco handed down the sentence, which included a $100 victim fine surcharge, accepting a joint submission from the Crown and defence.
The facts
Crown prosecutor Anthony Estephan said Barrhead RCMP responded to a report of domestic violence in progress on Feb. 24, 2024.
However, he said when they arrived, the complainant was no longer there, but she visited the detachment later in the day to file a complaint.
"[The complainant] said that her partner [Gaulin] came home earlier that day and started screaming at her, then pushed her to the floor, where she landed on her right hip, causing her pain," Estephan said.
He added the complainant then left her home in an attempt to escape the accused, but she told police Gaulin "chased her around the town", only stopping when the victim went to the RCMP Detachment.
At the time, Estephan noted that a common-law peace bond bound Gaulin to good behaviour. This bond was in effect for 18 months, commencing on Dec.12, 2023.
"The RCMP contacted Gaulin asking him to turn himself in; he responded by saying he was going to speak with his lawyer and asking the police to call back later in five minutes," Estephan continued. "They contacted him multiple times without response, and he did not turn himself in. [Police] then sought an arrest warrant and was subsequently taken into custody."
Crown's proposed sentence
Estephan said he was asking for a 12-month suspended sentence with probation. Proposed conditions include the standard of keeping the peace, being of good behaviour, appearing before the court when required, and notifying the probation officer of any change of status, i.e., address, name, or employment. As part of the order, Gaulin would be required to attend any assessment treatment or counselling required by a probation officer concerning domestic violence.
Estephan said he spoke to the victim, who stated her intention to rekindle the relationship. This is why the Crown wasn't seeking a no-contact order as part of the probation.
"The focus on rehabilitation concerning the assessment, treatment or counselling will serve as principals in this case,"he said.
Estephan said while the nature and gravity of assault are on the lower end, dealing with a push resulting in only minor injuries, intimate partner violence is always serious.
He said aggravating factors include Gaulin's two-page criminal record, with entries between 2003 and May 2017, including a recent and related criminal offence.
Stuffco asked if it was the same victim as in 2017.
Estephan replied it was not.
"The court notes some previous instances of assault where custodial sentences were sought, but of course, the gravity is lesser than what would be observed for a custodial sentence," he said.
Gaulin's attorney, Matthew Balkwill, said his client was attempting to turn his life around and was currently employed. He added that his early guilty pleas before his first appearance demonstrated that he was taking responsibility for his actions.
Stuffco said he would not tinker with the joint submission, saying nothing was "unhinged".
"I used to be a defence lawyer for 20 years. You got an excellent resolution today," he said, noting that the sentence could have been more severe had it not been for the work of Gaulin's lawyer and the Crown.
"Otherwise, I have no hesitation in sending you with the sheriffs for six months. Even though [the assault] is a minor one, when I see conviction, conviction, conviction assault in 2017 in Mayerthorpe, once even before that. I start to think I have a mature man who doesn't believe there is a problem with violence against women, and I should send him to jail. I am a light touch, but some of my colleagues are even worse."
Stuffco also suggested if the relationship was toxic, he should seriously consider ending it.
