A White Bear man could potentially serve two years in a federal penitentiary as an assault matter he pleaded guilty to is now in the hands of the judge.
Sentence was argued for Randolph Lonechild during Estevan provincial court on Monday after a charge of sexual assault was stayed by the Crown prosecutor. The victim was a minor at the time of the incident and her identity is protected under a publication ban.
Crown prosecutor Andrew Davis told the court the incident occurred in Lonechild's home in March 2010. He noted the 58-year-old has a criminal record that includes assaults and sexual assault, but his most recent previous convictions are more than 20 years old and convictions of that nature nearly 30.
Davis noted Lonechild said he was provoked when he held the victim down and attempted to remove her clothes. She reached for her phone but he got hold of it and tossed it aside.
Lonechild did not remove any of the victim's clothes but did touch her over her pants and shirt, as well as touching himself.
Davis noted the charge Lonechild plead guilty to was common assault, not sexual, but added that individuals should be sentenced based on the facts of the case, not the charge alone.
Robert Grimsrud, Lonechild's Legal Aid counsel, said Lonechild was abused at residential schools as a youth and has been receiving treatment for some of the mental and emotional issues that have arisen from those experiences.
While Davis asked presiding Judge Karl Bazin to consider a two-year jail sentence, Grimsrud suggest Lonechild could be dealt with in the community with conditions and counselling.
He said his client was not a risk to the community. Considering the sentencing is regarding a common assault, Grimsrud said a one to two-year community sentence would be more appropriate.
Bazin reserved his decision until Feb. 25.
In other court proceedings, sentencing went ahead for some of Travis Smyth's matters. The Estevan resident pleaded guilty to assault, failing to provide a breath sample and a breach of conditions during Jan. 28 proceedings, but pleaded not guilty to a number of other charges, including aggravated assault.
The Crown is proceeding by indictment on those more serious charges, and the matter will return on Feb. 25 for an election by the defence.
As for the assault, the incident occurred in a local lounge, when Smyth recognized an acquaintance he had had disagreements with in the past. When the male victim walked past the table Smyth was sitting at, Smyth punched him and threw a drink in his face.
Knocking the victim to the floor, Smyth punched him several more times before stopping and leaving the scene.
During another incident he was pulled over for speeding in a child at play zone near Roche Percee. The officer suspected impaired driving, but during a breath test on the roadside, Smyth failed to provide a sufficient sample and was charged for such.
He received a 10-month conditional sentence order, as well as $2,000 in fines and a one-year driving prohibition. For the first six months of the order, he must abide by a curfew between 7 p.m. and 7 a.m., as well as undergo any necessary treatment for alcohol issues and anger management.
During Monday proceedings, Bazin showed a little frustration over the number of impaired drivers he sees in the Estevan courtroom. During one woman's sentencing for a second conviction, he asked how she felt about her young daughter being out when drunk drivers are so prevalent in the Estevan area.
"There are hundreds of them," Bazin told her.
During Monday's court proceedings alone, 17 individuals were on the docket, answering to impaired driving charges.
