Man who broke partner’s eye socket avoids jail time
Austen Parker, 31, of Tracyville, given conditional sentence in community for choking his girlfriend, striking her in the face so hard she required surgery
A Tracyville man who inflicted lasting injuries on his former partner that required surgeries won’t be incarcerated and instead will serve several months under house arrest.
Austen Parker, 31, of Highway 101, previously pleaded guilty to charges of assault causing bodily harm and choking, stemming from a June 6, 2021, incident in Tracyville.
He was back in Fredericton provincial court Tuesday for sentencing.
Court heard that Parker and his then-girlfriend Rebecca Smith were arguing and a scuffle ensued.
“He was choking her, she couldn’t breathe,” said Judge Lucie Mathurin in reviewing the facts of the case Tuesday before imposing sentence.
Smith managed to get away from him by grabbing his testicle, the judge said, but then Parker attacked again, punching her in the eye.
Court heard previously that the blow broke her orbital bone, an injury that required surgeries and has had lasting, adverse effects on her health.
“The injury is horrific,” Mathurin said.
Crown prosecutor Rebecca Butler said Smith was dragged, choked and struck over an extended period of time on the date in question, making for an even more concerning instance of intimate-partner violence.
Such domestic abuse is considered an aggravating factor in sentencing, she said, arguing it called for a stint in provincial jail. She recommended eight to 10 months.
But defence lawyer Edward Derrah noted there were a number of mitigating factors in his client’s favour, such as his lack of a prior criminal record, genuine expressions of remorse and efforts to deal with his issues, including counselling.
“I did not mean for any of that to happen,” Parker told the court Tuesday, apologizing for his actions.
Derrah recommended a conditional sentence, to be served in the community.
Mathurin said the pre-sentence report indicates Parker isn’t likely to reoffend, and the court had to acknowledge the steps Parker has already taken to rehabilitate himself.
Nevertheless, she said, the seriousness of the assault and the need to denounce intimate-partner violence called for a jail term as sentence - but in this case, it was appropriate to allow that to be served by way of a conditional sentence.
“I think at this point Mr. Parker could serve that in the community,” the judge said.
Mathurin imposed a 12-month conditional sentence, the first four months of which will be served under house arrest.
Parker will only be allowed to leave his residence during that period for work, medical and dental appointments, treatment or counselling sessions, and for personal time Saturdays from noon to 5 p.m.
For the remaining eight months of the conditional sentence, Parker will have to follow a curfew from 10 p.m. to 6 a.m.
The conditional sentence will be followed by two years of probation. During his conditional sentence and probationary period, Parker is to have no contact with Smith, to refrain from possessing weapons such as guns and knives, and to attend and complete recommended treatment programs, including one for domestic violence.
The judge also ordered him to submit a DNA sample for inclusion in a criminal database.
Don MacPherson can be contacted at ftonindependent@gmail.com.
should be appealed
So basically this sets the standard that you can beat your spouse up..... great work Justice system.