Assault and mischief against domestic partners
March 27, 2019
Judge G. W. Paul presiding
Appearing via closed circuit camera from Peace River Correctional Centre, Benjamin Jacob Moore entered a plea of guilty to the reduced charge of mischief and failure to appear. He was originally charged with housebreaking.
On November 15, Moore’s ex-girlfriend found three purses missing from her bedroom along with a TV, snow pants and jacket. There were foot-prints in the snow outside leading to an unlocked window. She noticed a pair of shoes which she recognized as belonging to Mr. Moore. They were no longer in a relationship. He had no right to be in her house. The next day, November 16, police found Mr. Moore breaking back into the house using the same window to return the stolen items. He is 22 years old.
This is his first time in custody. He was in prison for failing to appear in court. He was working on the day of the last court appearance which is not a legally excusable reason to miss court.
“You have a record now,” Judge Paul said: “which is unfortunate. You were wrong. You knew it was wrong. You knew it at the time, so returned the items. The crown is very reasonable to accept the lesser charge.” Mr. Moore was sentenced to a $1,000 fine for mischief. For failure to appear, he was fined $200 and four days in prison, less time spent.
Lisa Giroux entered a plea of guilty to assault with a weapon. The other charge of failure to comply with a probation order was dropped.
On January 21, 2019, police received a compliant about an assault. They found the complainant outside with blood on him. The complainant said he and Ms. Giroux were arguing when Ms. Giroux hit him with a handle. This was consistent with the gash on his left ear. At the time, he and Ms. Giroux were in a domestic relationship.
Ms. Giroux is 29. She has taken anger management in the past.
According to Judge Paul, Canadian court of appeal recommends jail time when someone hits a person they are in a relationship with, but he accepted the joint submission of the crown and defence for probation.
“Remember if you come into contact with him. You’re the one who gets in trouble, not him,” Judge Paul said.
Ms. Giroux was sentence to 12 months probation with the condition that she have no contact with the complainant.
Sheena Rae Nahachick entered a plea of guilty to public mischief and breach of conditions. Police received a report that an individual had been kidnapped at knife point and forced into a car. The police took this very seriously and issued patrols. They did a high-risk traffic stop and located the vehicle. After half-an-hour of questioning, it came to light that the person had not been kidnapped. Ms. Nahachick was charged with filing a false report.
Her relationship with the man she accused of kidnapping her at the time was unclear. They had been in a former domestic relationship and had children together. Ms. Nahachick was released with the condition that she not have contact with him.
Twelve days later, police were called to a domestic which involved Ms. Nahachick and this man. Ms. Nahachick is 32 years-old.
Regarding the charge of public mischief, Judge Paul said, “(it was a) complete waste of resources,” which put other people who were pulled over in jeopardy and kept police from being able to help others. “Keep breaching conditions and it will be 30 or 60 days (in prison) next time,” Judge Paul said. She was sentenced to $1,000 fine for mischief and $200 for breach of conditions.
Tyson William L Price pled guilty to driving without insurance. He was sentenced to a $2,875 fine or 45 days in jail if he failed to pay.