No jail for man who beat girlfriend on Christmas
Judge grants defence request for lenient sentence because of Bryan Nathan West’s “mental frailty,” but warns him to co-operate with probation
A judge lamented the lack of specialized courts in Fredericton, such as mental-health and domestic-violence courts, noting some cases need greater expertise to aid with rehabilitation efforts.
Bryan Nathan West, 40, of no fixed address, appeared before provincial court Judge Lucie Mathurin on Tuesday for sentencing, having previously pleaded guilty to summary counts of assault and breach of probation.
Crown prosecutor Darlene Blunston said West and his then-girlfriend, Kelly Arbeau, got into an argument Christmas morning 2020 after she said she wanted to go visit her parents on the holiday.
She said West started shoving the victim, and that’s when she threw a mug at his head, striking him and inflicting a cut.
Arbeau later told police West got even more enraged, beating her up, choking her and throwing her down on the couch, court heard.
The victim managed to flee the apartment and started walking down the street, Blunston said, but West followed her, yelling at her all the way.
That’s when a passing motorist saw the couple, the prosecutor said, and that driver became concerned when she saw West approaching Arbeau aggressively.
The woman turned her car around and offered Arbeau assistance, court heard, and West headed back to his apartment.
Swelling, red marks visible on victim
Arbeau had managed to call 911 before leaving the apartment, Blunston said, and when officers arrived, only West was at the residence.
Arbeau was eventually found in the company of the passing motorist, court heard.
The victim told police about the assault, Blunston said, and officers noticed swelling on her face and redness around her neck.
West, who was on probation at the time, admitted to shoving Arbeau after she struck him with the mug, the prosecutor said, but he denied hitting or choking her. He told police Arbeau must have given herself the marks officers observed, court heard.
Blunston said the aggravating factor of West’s commission of violence against an intimate partner called for a jail term of 90-120 days.
However, she said given “the mental frailty of the accused” and the fact that his guilty pleas on the scheduled trial date spared a reluctant victim the need to testify, the Crown didn’t oppose that sentence being served in the community as part of a conditional-sentence order.
The prosecutor asked for strict house arrest for the duration of the sentence.
But defence lawyer Alex Pate said the court should impose a suspended sentence of probation instead.
West is living in a rooming house at the moment, the defence lawyer said, and it’s not a stable situation. Furthermore, his mental-health issues and drug addiction pose problems as well, he said.
“I’m not sure how house arrest would be feasible at the moment,” Pate said, noting he’s worried strict conditions would be setting West up to fail.
Furthermore, he said, previous stays in jail have proven devastating to his client, who suffers from severe anxiety and other issues, in part due to past trauma arising from sexual abuse.
Mathurin agreed a conditional sentence isn’t ideal in West’s case and that jail is an even worse option, but she pointed to West’s pre-sentence report, in which the offender stated he wants nothing to do with counselling or treatment programs.
‘There’s got to be some accountability’
“Will he go to any counselling?” the judge asked. “There’s got to be some accountability.”
West was agitated throughout Tuesday’s proceedings, and at one point, he scoffed at the notion of probation services being able to help him. But he told the court he would participate in programs as he’s told.
The judge said West’s case poses particular challenges when it comes to sentencing. All parties acknowledge traditional incarceration would be highly detrimental to him, she said, he’s like incapable of complying with a conditional-sentence order, which would land him behind bars as well.
Mathurin said West’s case is the sort of matter that’s better suited for courts with additional resources to address unique issues, such as a mental-health court or one specializing in domestic-violence charges.
Unfortunately, she said, Fredericton doesn’t have any such provincial courts with specific expertise and resources to better facilitate offender rehabilitation in difficult circumstances.
Christmas can be a stressful time for many, the judge said, but it’s no excuse for the violent behaviour West exhibited that day.
But Mathurin agreed the more lenient sentence proposed by the defence was the best option in the circumstances.
“This is not the sentence I would usually impose,” she said.
The judge granted an 18-month suspended sentence, during which West will be on supervised probation.
Among the conditions of that order are to report to probation services within two days, to keep them apprised of his address, to be of good behaviour toward Arbeau, and to participate in any assessments and treatment for mental-health and addiction issues as directed.
The judge tried to impress upon West that he was being given an opportunity, not being punished, per se.
“This is the break you’re getting. It’s that or jail, what do you want?” Mathurin asked him. “Are you going to call them [probation]?”.
“Of course, that’s what I gotta do,” West answered, clearly irritated and upset.
Don MacPherson can be contacted at ftonindependent@gmail.com.
He was on probation when committing the offence. Going on probation is going to help? Especially someone who is reluctant to seek help or even acknowledge he needs help?