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Maximum 18-month sentence handed down for assault

After pleading guilty to several charges, a local man received the maximum sentence available for a domestic assault that the judge called a "severe beating.


After pleading guilty to several charges, a local man received the maximum sentence available for a domestic assault that the judge called a "severe beating."

Kenneth Chatterton was in custody when he was escorted into the courtroom by Estevan Police Service members on Monday in Estevan provincial court. He was arrested for an incident on Feb. 28 and charged with assault causing bodily harm, forcible confinement, uttering threats and breach of an undertaking.

After consulting with Legal Aid Lawyer Greg Wilson, Chatterton pleaded guilty to assault causing bodily harm, uttering threats and the breach of undertaking, while the Crown prosecutor entered a stay of proceedings on the charge of forcible confinement.

The Crown decided to proceed by summary conviction on all charges, rather than proceeding by indictment, which would have carried a more serious punishment. Because of that, the Crown and defence agreed that a sentence of 18 months in jail, the maximum allowed through a summary conviction, was appropriate given the nature of the assault and the extent of the injuries.

The charges stem from an incident between Chatterton and his common-law spouse. As a result of the attack, which occurred in front of the couple's four-week old child, the female victim was covered in bruises with two black eyes. She also had three broken ribs.

The Crown filed photos with the court of the victim and her injuries, which presiding Judge Karl Bazin perused.

After the assault, the woman was able to get to hospital, and the infant was collected by social services.

Wilson noted the eventual sentence could have been more serious had the prosecutor requested to proceed by indictment, which carries a maximum jail sentence of 10 years. Bazin noted that Chatterton, in some respects, is lucky the Crown elected to proceed the way they did.

"It is disturbing that you did this with a four-week-old in the house," said the Judge.

Wilson said Chatterton is a "tragic" example of a story that is seen so regularly in the Estevan area, noting he is a young man who has dealt with alcoholism for much of his life. He said the 29-year-old recognizes his issues and is eager to begin treatment for alcoholism and domestic violence immediately.

Wilson noted those programs will be available to Chatterton in the custodial system, so there was no suggestion that he will require a probation order following his incarceration that could outline treatment for those issues. Wilson said Chatterton will be able to begin those programs as soon as his incarceration begins.

Bazin accepted the submissions by the defence and Crown, handing down the sentence of 18 months.

"I don't know who could be too proud for doing that to a woman when your four-week-old child is there," Bazin said to Chatterton, following his decision.

As part of the sentence, Chatterton will have to provide a DNA sample and will be the subject of a 10-year firearms prohibition.