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He's convicted of abusing women. But this St. John's man was just sentenced as a first-time offender

He's convicted of abusing women. But this St. John's man was just sentenced as a first-time offender

CBC
Saturday, November 26, 2022 07:35:57 AM UTC

Kevin Evans of St. John's was convicted and spent months in jail two years ago for abusing his former girlfriends in nearly identical ways. But during his sentencing hearing in an Ontario court Friday he was considered a "first-time offender."

That's because Evans, 32, was charged with assaulting Jessica Donald before being arrested for assaulting his two other former girlfriends. As such, those convictions — which netted him 169 days behind bars at Her Majesty's Penitentiary — couldn't be considered in sentencing.

"Nothing compares to being afraid of dying at the hands of the person you love," Donald read from her victim impact statement at Ontario Superior Court in Milton, Ont. 

Evans, 32, pleaded guilty in September to five counts of assault against Donald, whom he dated between 2017 and 2018. Other charges, including sexual assault and choking, were withdrawn as part of a plea agreement. However, Evans did admit in an agreed statement of facts that he choked Donald during two of the assaults.

The sentencing hearing was a long time coming for Donald, who said there have been multiple delays after Evans changed lawyers and applied to the court to access raw media interviews and her personal health files.

Justice Erika Chozik set the case back even further to allow Evans to complete counselling in an effort to prove he is trying to rehabilitate himself.

Chozik told the court she believes Evans is "genuine" in his efforts and has taken "real strides" toward rehabilitation. 

"He had a very tragic upbringing, a young boy exposed to family violence," Chozik said. Evans's pre-sentence report noted he witnessed domestic violence at home between his biological parents before going into foster care.

"Trauma begets trauma unless the cycle is stopped." 

The court was also given letters of support by Evans's new girlfriend and some members of her family. However, they were not read in open court. 

The defence asked the judge to imposed a suspended sentence which requires probation for one year. The Crown asked for six months' house arrest followed by a six-month conditional sentence, as well as two years' probation. 

Chozik noted Evans has shown a "pattern of abuse — significant abuse" through the assaults he committed after Donald but said she could not consider it an aggravating factor in sentencing. The charges relating to Donald in Ontario were laid prior to those in St. John's. 

Chozik decided against house arrest because it would mean Evans would lose his job. Instead, she imposed a one-year conditional sentence, which would turn into a period of incarceration if Evans breaches his conditions.

He will also serve two years of probation. Chozik decided against including an alcohol ban during that period of time, despite the crimes having been fuelled by alcohol and drug use. 

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