WESTLOCK – A Westlock County man, Ky David Niemi, pleaded guilty to assault causing bodily harm, assault, and unlawfully being in a home. His trial was vacated following his guilty pleas in Westlock Court of Justice Wednesday (Aug. 7).
Court heard that a family dispute that is in civil litigation over property escalated when Niemi went to the victim’s home to ask him to tie up his dog that was roaming free.
Niemi admitted to pushing the 65-year-old man on the couch and punching him a number of times.
The Crown and defence entered a joint sentencing submission that saw Niemi fined $1,150 in total, or nine days in jail in default. He was also placed on 12 months of probation.
The Crown sought alcohol treatment for the accused but the defence disagreed it was necessary saying Niemi was only a social drinker.
In sentencing, Justice Carrie-Ann Downey said she took mitigating factors into consideration such as Niemi’s guilty plea, which spared witnesses from having to testify, as well as the fact that he doesn’t have a criminal record. She added that there were issues with the case and had it gone to trial there could have been a different outcome.
For aggravating factors, Downey pointed out that homes on a rural location can be difficult for the RCMP to respond to.
Downey ordered Niemi to take anger management and be assessed on whether or not he needs alcohol and addictions treatment.
