Published Wednesday January 27th, 2010
Attack on boyfriend included frying pan and a kitchen knife
HAMPTON - After beating him with a frying pan and stabbing him with a kitchen knife, a Rothesay woman avoided jailtime and returned home with her victim/boyfriend.
Judge Henrik Tonning couldn't deny if the male/female roles were reversed, the penalty would likely be harsher.
Instead, he followed the joint recommendation of Crown prosecutor Kelly Winchester and defence lawyer Al Levine by sentencing Mary Lisa Joyce Carrier to a six-month conditional sentence, followed by one year's probation for assault causing bodily harm.
Carrier, 21, sat next to the boyfriend she assaulted and still lives with during her sentencing in Hampton provincial court. When she stood to be sentenced, he stood with her and often put his arm around her.
Winchester explained it was on the night of Nov. 15, 2009 when the Rothesay Regional Police Force was called to a domestic disturbance on Scott Avenue by a witness who said a man was being stabbed outside.
Winchester said an argument began inside the apartment the couple shares, during which time Carrier struck him several times with a frying pan. He grabbed her cell phone and ran outside to call his father to pick him up when she charged after him, taking a kitchen knife with her. She stabbed her boyfriend several times in the right shoulder area, the Crown explained.
She said witnesses heard him yell "don't stab me."
Winchester said after the incident the victim wanted to drop the charges because their relationship is going well and they are seeking counselling together. She said because of the seriousness of the assault, ignoring the incident was not an option.
Carrier is also going to counselling with members of her family, as well as individual counselling. Among the issues is her struggle with anger management, both the Crown and defense said.
There is evidence of drug and alcohol use that contributed to the violence, the Crown added.
Levine said his client works full-time for a fast-food restaurant and said on the night of the attack, she had taken some sleeping pills and alcohol. She has a history of depression and has been on medications in the past to help, and has since been prescribed more effective medications by her family doctor, he pointed out.
"We've learned ways to come together and respect each other more. We're just getting along a lot better than we were," Carrier told the judge, wiping her eyes.
Tonning said domestic violence is a big problem that cannot be tolerated.
"Domestic violence is problematic," he said. "This is a situation that's fraught with danger. These situations can, in fact, turn into fatalities."
He said if the role was revered and it was a man who beat his girlfriend with a frying pan and then stabbed her repeatedly, he is "doubtful" the sentence would be as light.
"More likely he would be incarcerated for a significant period of time," Tonning said. "(But) I don't intend to rock the boat today."
He told Carrier to accept the support she has and get help for her issues.
"Everyone needs a little help now and then," Tonning said.
Under the conditional sentence she must abstain from alcohol and non-prescription drugs and take programs recommended by her probation officer.
http://telegraphjournal.canadaeast.com/front/article/933966
Anti-dowry law makes it wife-biased, discriminatory,and poorly formulated. A complaint from your wife or her family member can land husband and his entire family in jail without any investigation. "The power of the Executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers, is in the highest degree odious and is the foundation of all totalitarian government whether Nazi or Communist." - Winston Churchill
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