A 48-year-old man will not serve additional jail time after he pleaded guilty in Prince George Provincial Court Aug. 12 to assault with a weapon and failure to comply with a no contact undertaking.
Judge Peter McDermick sentenced 48-year-old Scott Donovan to 11 days time served and 12 months probation after the joint sentencing proposal by Crown and defence lawyers. McDermick said the charges against Donovan “quite correctly call out for a jail sentence,” however there were mitigating factors: Donovan’s guilty pleas, his lack of criminal record, the joint sentencing proposal and the victim’s wishes for Donovan to undergo rehabilitation.
Crown prosecutor Lisa Sukkau said the victim called the Prince George RCMP on April 26 to report that Donovan had broken a glass over her head. While she was on the phone with police, “there was banging on the bathroom door,” Sukkau said. Police arrived and found her hiding in a bathroom. Donovan was found inside the house and arrested for assault around 2:30 a.m.
Conditions of Donovan’s release from custody included not to communicate directly or indirectly with the victim. But, almost eight hours later, a man called the RCMP to say that Donovan had been texting the victim and threatened the victim and her family.
One message read, in part: “I will die killing you, I will [expletive] destroy you and burn that place to the ground with your parents in it.”
RCMP officers arrested Donovan again at his own residence.
Defence lawyer David Jenkins said alcohol played a large part in the incident for his Saskatchewan-born, Alberta-raised client, but denied he is an alcoholic.
Donovan’s probation order includes no possession of alcohol or drugs and an order not to contact or communicate with the victim. McDermick also banned Donovan from possessing any firearm, crossbow or restricted or prohibited weapon, ammunition or explosives for three years.
McDermick acknowledged the sentence could be considered light, but focuses on rehabilitation in keeping with the complainant’s request.
“A trial would have been very difficult for her and something that the Crown wanted to avoid,” McDermick said.
