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BARRHEAD - A 55-year-old Westlock man received a 12-month conditional sentence followed by 12 months of probation for assault causing bodily harm.
Justice Carrie-Ann Downey handed down the sentence to Darren Edwin Custead during an Aug. 13 Barrhead Court of Justice sentencing hearing, accepting a joint Crown-defence submission.
Custead pleaded guilty to the charge on April 23 at Barrhead Court of Justice.
Downey delayed sentencing on April 23, following a request by Custead's lawyer, Gary Smith, who asked the court to conduct a pre-sentencing report.
A pre-sentence report is a document created by a probation officer by order of the court after interviewing the accused and other collateral sources. It helps guide the presiding justice in determining an appropriate sentence.
For the first six months of his sentence, Custead will be subject to 24-hour, seven-day-week house arrest, except for a maximum of four hours a week to shop for the necessities of life. The court must also preapprove other exceptions for healthcare appointments or family emergencies.
In the second six months, Custead is subject to a curfew, during which he must be at his court-approved residence between 10 p.m. and 6 a.m.
During this time, he is also prohibited from entering any licensed premises except to have a meal. The sentence also includes a weapons prohibition, including firearms, ammunition, explosives, and edged knives, except for preparing or consuming a meal, as well as a no-contact order with the complainant.
Facts of the crime
At the April 23 court session, Crown prosecutor Matthew Kerr told the court that on Feb. 27, 2024, Barrhead RCMP responded to a domestic violence incident taking place at a County of Barrhead residence by a relative of the victim.
When they arrived, he said, they found Custead wearing a bathrobe and sitting at the kitchen table, intoxicated.
"He had no visible injuries," Kerr said.
Police also found a woman in the next room, lying on the couch, suffering from physical injuries.
"[She] had significant bruising around her left eye, and face, down to her neck, along with a laceration on her chin," he said, adding the victim was taken to the hospital for treatment.
Kerr added that in her statement to the police, she said that the accused had become physically violent about one hour before her relative had called them.
"[The victim] reported that Custead had asked her to move some stuff in the bedroom while she was attempting to sleep on the couch," the Crown said. "When [she] attempted to do [that], Custead attacked her."
Kerr added the assault included being pushed, smacked in the face and grabbed by the neck.
Crown's position on sentencing
Crown prosecutor Robert Klein said that, on the mitigating side, besides the accused's guilty plea, Custead did not have a criminal record.
"At his age, that is worth something in the Crown's respectful submission," Klein said.
He added that another favourable factor for Custead is that he recently found meaningful, full-time employment and will soon relocate to the Innisfail area.
"[Both are] important factors to ensure Mr. Custead doesn't come before the courts again. "There is also driven counselling to instill in Mr Custead the importance of treating intimate partners with respect."
Defence position
Smith admitted that the sentence is on the low end of the range of potential sentences.
However, he said considerable weight should be given to his client's guilty plea as there were triable issues, specifically regarding the complainant's memory of the event.
"Given her level of intoxication and memory of the events," he said. "Certainly, there would have been issues if it had gone to trial. But Mr. Custead, by entering his guilty plea very early in the proceedings, indicated that he did not want his former partner to testify.
Smith added alcohol was a significant factor in his client's actions during the event in question.
"He has had not a drop to drink since the offence," he said.
Smith added his client is also leaving the business the couple created together to the complainant.
Custead apologized to the court and complainant for his actions.
"I dropped the ball for everyone, including myself," he said.
Downey said she accepted the submission and acknowledged the accused efforts to take responsibility for his actions.
"In a case of an assault causing bodily harm, there are many times that people go to real jail," she said.
However, Downey said a conditional discharge is similar to jail, except that it is served in the community.
"Twelve months is fairly long for a conditional sentence order, and six months of house arrest is not going to be easy for you," she said.
Barry Kerton, TownandCountryToday.com
