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BARRHEAD - An Alberta justice offered a dose of life advice when sentencing an Edmonton woman who attempted to kick two RCMP officers who responded to a report of domestic violence in July.
Justice Jordan Stuffco handed down an 18-month conditional discharge with probation on Feb.27 at Barrhead Court of Justice.
His sentence was part of a joint submission after Melissa Anne Wilson pleaded guilty to a lesser charge of obstruction — initially, the Crown charged Wilson with assault of a peace officer, a charge she maintained her not-guilty plea for.
"I get some good vibes from you," he said. "You are showing a lot of remorse. You've made amends by coming to court and taking responsibility. I don't think society needs to have you hammered on the cross right now," he said.
The Crown also withdrew several charges, including one count of assault of a peace officer, two counts of assault with a weapon and two counts of assault.
Facts of the case
Crown prosecutor Anthony Estephan said that on July 16, 2023, Barrhead RCMP responded to a report of domestic violence in progress at a Lac La Nonne residence.
"RCMP arrived and arrested the accused, who was intoxicated at the time," he said, adding after the officers placed her in the back of the police cruiser, she started to kick the back door repeatedly. "When [the two police officers] opened the door to try to stop her, she attempted to get out of the vehicle and started to kick [at the officers] several times, almost kicking one of them in the head, but no strikes landed."
The Crown alleged a criminal record, one conviction from 2017 for possessing a scheduled substance for the purpose of trafficking with a two-year sentence received.
"Real jail?" Stuffco asked.
"Real jail," Estephan replied.
Crown's position on sentencing
Estephan called the sentence fitting, leaning towards rehabilitation.
"Crown's position is informed by the fact that the gravity is serious but did not result in any injuries. It is a situation where Mrs. Wilson was drinking, so alcohol is a factor, reducing her culpability somewhat by the fact that she was intoxicated," he said.
On the mitigating side, Estephan credited Wilson's relatively early guilty plea, which showed, by extension, that she was taking responsibility for her actions and showing remorse, adding there were really no aggravating factors other than her previous criminal record that was dated.
"From the Crown's perspective, a rehabilitative sentence is paramount. She doesn't have a criminal history of this type of offending, but there is a criminal record," he said. "We are fortunate there were no injuries, and the crux of the offending relates to the consumption of alcohol, so the Crown is suggesting a rehabilitative sentence focusing on treatment is fit and appropriate and addresses the principle of rehabilitation."
The defence
Duty counsel Gary Smith said he believed a conditional discharge would be best for his client.
"She wishes to apply for a pardon; it is in the time frame and is in the works," he said, adding he does not know if she will be successful.
Smith added that Wilson hopes to return to school and become a licensed practical nurse and believes this conviction would hamper that.
"She's 34 and has a future ahead of her," he said. "At the time of her arrest, she indicated that she was in an abusive relationship; she has now moved in with a friend and is out of that relationship that drove her to turn to alcohol, and she has some addiction issues with respect to that."
Smith said that to help her cope with her addiction issue, Wilson has joined and regularly attends Alcoholics Anonymous and that she is currently working part-time cleaning condominiums while caring for her two children, aged four and 14.
Stuffco said his inclination, if he was doing just a probation order, would go lower, nine to 12 months.
"But if you want a conditional discharge, you are going to have to work for it. Are you willing to do that?" he asked Wilson.
Wilson indicated she was.
Stuffco also shared some of the things he learned while observing the group sessions at the Betty Ford Centre.
"You have two children; you have so much to live for. Somehow, you want to build a life for yourself that is so beautiful that you will want to do anything you can to take it away."
He added that there was little he could tell Wilson because even though she was only 34, she had lived a lot of life.
"There is nothing I can tell you that you haven't experienced," Stuffco said. "You went to the penitentiary, and you've seen things that I would never have seen."
He then suggested that Wilson use a smartphone and make a video in a quiet place.
"You are telling yourself where you would like to see yourself in 20 years, maybe it is an acreage outside of town with your grandbabies … and tell yourself that you are going to do everything you can to keep that vision. Say to yourself, today, I'm not going to take that drink or do some dope because my life is going to be beautiful. In the mornings, play it for yourself … because every day you want to have a reminder of what you are fighting for."
Barry Kerton, TownandCountryToday.com
