Man deserves ‘significant’ sentence, judge rules
A provincial court judge in Corner Brook has refused a man's request for a discharge on a conviction of criminally harassing a woman, saying the crime is serious and warrants "significant punishment."
Judge Wayne Gorman accepted instead the Crown's submission for a suspended sentence and two years probation for 50-year-old Nevin Blanchard, but said he was reluctant to even accept that.
A discharge would have left Blanchard with no criminal record. A suspended sentence means Blanchard must abide by strict conditions for two years or risk jail time, and he will have a criminal record regardless.
"The submissions of counsel do not reflect the seriousness of the offences committed by Mr. Blanchard," Gorman said.
Blanchard had pleaded not guilty to a charge of criminally harassing his ex-partner, but Gorman convicted him after a trial, saying Blanchard had taken it upon himself to harass and intimidate the woman over a period of time because he was unwilling to accept that their relationship was over.
"Mr. Blanchard's conduct included sending Ms. X numerous text messages, constantly driving by her residence and the residence of Mr. Y (her new partner), following her, yelling and cursing at her, threatening her and giving her the finger," Gorman said.
Blanchard had deliberately created a hostile environment for the woman, who had told him multiple times to stop contacting her, the judge said.
The woman feared for her safety, and her fear was reasonable, he continued, since she didn't know what Blanchard would do next.
"The degree of constant and continuous harassing conduct that occurred would cause a reasonable person to fear for their safety," Gorman said.
When Blanchard was arrested at his residence for the harassment, police asked him if he had any weapons, and he indicated he had a rifle that had been left to him by his late father.
The gun was seized by police, who charged Blanchard with failing to have a permit for it. He pleaded guilty to that offence.
In sentencing Blanchard, Gorman pointed out that the woman's new relationship had nothing to do with the crime, even though Blanchard had indicated "things had been going well" until that point. Blanchard alone was responsible for his actions, the judge stressed.
Gorman had similar words last month when he sentenced a Corner Brook man to jail time for assaulting and threatening his ex-girlfriend.
Referencing a comment made by an appeal court judge in a similar case in Saskatchewan, Gorman explained the most common motivations for criminal harassment are jealousy, possessiveness and the inability to handle rejection following the end of an intimate relationship.
"This was a wilful, deliberate and systematic pattern of harassing behaviour against a former intimate partner," Gorman said. "It was designed to control, frighten and intimidate Ms. X and Mr. Y. It is an offence of the utmost seriousness, deserving of significant punishment."
Gorman said Blanchard's sentence must serve as a deterrent to others because of the negative impact the crime has on victims. Jail time would be appropriate based on previous sentences in similar cases and the gravity of the crime, the judge said, and he noted a discharge would be contrary to the public interest.
It was only because of the Crown's submission of a suspended sentence that he was giving Blanchard that sanction, Gorman said.
Blanchard's conditions include that he stay away from his ex and her partner, their places of work and their neighbourhoods, and have no contact with them by any means, and that he attend counselling. He must also submit a DNA sample to a database and is banned from owning weapons for 10 years.
When it comes to Blanchard's rifle, he asked the court to give it to his brother. Gorman denied the request and ordered the gun to be destroyed, as is directed by law.