Drunken visit to ex nets man probation

BARRHEAD/WESTLOCK - A man received 18 months for an incident over three years ago.

Timothy David Bakken pleaded guilty to mischief on Jan. 23 in Barrhead Court of Justice.

Justice Gordon Putnam bestowed the sentence as part of a joint submission and included waiving the victim's fine surcharge.

Crown prosecutor Anthony Estephan withdrew a charge of impaired driving.

Estephan said on Oct. 6, 2020, at about 8 p.m., Bakken showed up at his estranged wife's Westlock residence.

"He was intoxicated, and she asked him to leave, saying he wanted to 'sleep it off on the couch'," he said.

Estephan said the complainant made Bakken leave, calling the RCMP.

About 30 minutes later, Bakken returned, even more intoxicated.

"There's an indication that there was some driving at this time," he said.

Estephan noted that Bakken has a history of alcoholism, and his family has stated that there has been a "steep deterioration in his ability in mental abilities to moderate his consumption of alcohol".

The Crown added that Bakken has a dated record with only two entries; both are alcohol-related, the first for impaired operation of a motor vehicle in 1995, the other in 1996 for driving while disqualified.

Probation conditions include being of good behaviour, appearing in court when required, notifying his probation officer of any changes in living conditions and employment, and attending any assessments, counselling or treatment sessions for alcohol and drug abuse as directed by the probation officer. 

As part of his sentence, Bakken is prohibited from operating any motor vehicle until July 18, 2024.

"This amounts to a six-month driving prohibition stemming from the indications of [driving while intoxicated] on file," Estephan said.

He added that the Crown believes that given the mitigating factors, including the early guilty plea and a dated criminal record, the sentence meets the principles of denunciation, deterrence and rehabilitation, given the focus on treatment and counselling.

Defence counsel Gary Smith said that although he disagreed with Estephan on the potential strength of the Crown's withdrawn impaired driving case, Bakken has been off the road since 2020.

"Which is a significant length of time," he said. " [We included the driving prohibition], so [Bakken] will have time to look into what steps he needs to take to reinstate his licence so that he isn't tempted to drive without having it in his hand," he said.

Smith added his client, as a result of his alcoholism, has cognitive and memory issues.

"[In the probation order], we haven't included abstinence from alcohol because we know it is going to be a process for him," he said.

Smith also asked the court to waive the victim fine surcharge, saying his client hasn't been able to work for about four years.

Putnam agreed with the Crown that the sentence was appropriate.

He also recognized that Bakken had a difficult path ahead of him.

"I do have empathy for you. Alcoholism is a disease that is very difficult to overcome," he said. "You have support in court today and counsel working in your best interest and trying to resolve this in a way that hopefully will allow you to move forward."

Barry Kerton, TownandCountryToday.com