B.C. judge says 'higher range' of sentences needed for intimate-partner violence
CBC
WARNING: This story contains graphic details of violence.
A B.C. Supreme Court judge says the problem of domestic abuse has reached a point where a "distinct and higher range of sentencing" is needed when punishing those who commit violence against intimate partners.
Justice Anthony Saunders reached that conclusion last month when sentencing a Vancouver Island man who broke into the home of his former common law spouse and slashed her face with a box cutter as 911 operators listened to her "audible, terrified screams."
Clinton George Armstrong was convicted of a number of offences, including aggravated assault — which carries a maximum sentence of 14 years. He received a total sentence of eight years, less 965 days for time served.
"I question whether, in view of the seriousness of the problem of [intimate partner violence] and the persistence of the problem, our sentencing paradigms are now at the point when a distinct and higher range of sentencing should be articulated," Saunders wrote.
The judge said premeditated intimate-partner violence leading to personal injury should draw a sentence in the "upper range" for aggravated assault.
Armstrong slapped his former common law spouse, Taura Leith, in the face and pushed her on Dec. 28, 2019, after she called police during an argument.
He was charged with assault, and Leith, shaken by the events, provided a victim impact statement on Feb. 6, 2020. Four days later, Armstrong broke into her home.
"He then proceeded to viciously attack her with a box cutter-type tool," Saunders wrote.
Leith called 911 and dropped the phone handset as she fought for her life. The line remained open while Armstrong "proceeded to slash her face, head and torso."
"Armstrong said repeatedly that he intended to kill [the victim] and then kill himself, yelling, 'You're dying,' 'I'm gonna cut your throat,' and 'You're gonna die like I'm gonna die,'" Saunders wrote.
"He made it clear that this attack was in retaliation for her having called the police during the December assault and, he said, falsely accusing him of assault."
Armstrong was charged with attempted murder, but the judge found reasonable doubt as to whether the Courtenay, B.C., man actually intended to kill Leith, in part because he also made statements such as, "I'm not gonna kill ya, I'm just gonna maim ya."
Armstrong claimed he wasn't a violent person. "I don't hit women," he testified.
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