Barrhead man sentenced to 12 months suspended sentence

BARRHEAD – An Alberta judge has sentenced a local man to a suspended sentence for violating a court order by sending abusive text messages to the mother of his children.

On June 25, at a Barrhead Magistrates Court hearing, Justice Carrie-Ann Downey sentenced Joseph Tyler Wells to a 12-month suspended sentence with probation, accepting a joint submission from the Crown and defense after he pleaded guilty to disobedience at a Court of Kings. Bench order.

“It's a difficult question for me,” she said. “This is a joint proposal, and the Supreme Court of Canada tells me that unless a proposal is brought forward, [by the Crown and defence] is completely out of balance because it's too hard or too low, I have to follow it, even if I don't agree with it. And I don't agree with it, but it's not completely out of line.”

Facts

Crown prosecutor Brett Grierson said on January 2, 2023, Barrhead RCMP conducted a child protection check.

“While the members were at the complainants’ home, one of them received several text messages from the accused,” he said. “The messages called her a 'fucking loser, meth addict, skin waste.' »

At the time, Wells was subject to an active parenting order prohibiting him from using non-foul language and swearing toward the complainant, the mother of his children.

Grierson said the Crown was seeking a 12-month conditional release, the conditions of which were to keep the peace, be of good behavior, appear in court as required, inform the court of any change in status such as employment or living conditions, to report to the probation officer as directed, to attend any assessment, treatment and consultation as directed by probation, particularly for anger management and parenting after separation.

Defense

Defense lawyer Gary Smith said emotions were running high and both sides were struggling to comply with the court order.

“[My client] “He regrets his actions,” he said. “He has taken steps to move forward and takes responsibility.”

Smith said Wells has indicated since the incident that he has attended parenting and anger management sessions and is willing to do more if ordered.

Downey asked if Wells had a criminal record.

Grierson answered yes: “Most recently, he had a criminal conviction for assault in 2017, for which he received an 18-month suspended sentence and probation. »

Downey said that while she had reservations about accepting the joint submission, she believed that even though it was at the lower end, it still met the Supreme Court of Canada's requirement that the sentence be just and appropriate, as set out in the Anthony-Cook decision, which adopted the public interest standard that judges must follow.

She said she disagreed with the argument because of Wells' criminal record, specifically referring to his assault conviction.

“And now you've violated a court order,” Downey said. “It also appears that there's potentially some involvement on the other side, but your name is on the court order. I'll accept that one without going against the public interest, but it's on the line for me.”

She also advised Wells to be very “careful and careful” the next time he faces co-parenting issues.

“Emotions run high in these situations; you’ll be involved with that person until your kids are grown,” Downey said.

Barry Kerton, TownandCountryToday.com