A Sudbury man avoids jail in ‘shocking’ domestic violence case

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A Sudbury man who committed violence was able to avoid prison because the woman he assaulted was uncooperative with prosecutors and never wanted him charged in the first place.

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Instead, Ontario Court Justice Graham Jenner sentenced Robert Kennedy to probation.

“This is quite an elevated level of violence,” Judge Jenne said. “Without a doubt what happened, that assault in November, alcohol was a factor and I’m sure things would have been different if he hadn’t been a factor.

“I think it’s important for you to understand this. Intimate partner violence is an epidemic and a serious concern in this community. The facts we heard today are quite shocking and downright terrifying.”

However, Jenner said that if the case went to trial, the Crown would face serious legal problems due to the victim’s lack of cooperation.

“If, from the Crown’s perspective, there were no relevant triable issues and the Crown cooperated in prosecuting the charges… perhaps if she had been found guilty after trial, she would have faced a natural sentence of imprisonment,” the judge said.

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Kennedy, 36, who faced seven charges, pleaded guilty to four counts, including:

– misdemeanor under $5,000 and assault (originally assault occasioning bodily harm) for attacking his residence on November 21, 2023; AND

breach of the obligation to contact his spouse on March 20 and 21.

In addition to the suspended sentence, Jenner issued an 18-month probation order that included a condition that Kennedy have no contact with his spouse unless she gives written, revocable consent.

He is also prohibited from possessing weapons and must participate in domestic violence and substance abuse programs.

The Crown and defense lawyer Denis Michel suggested penalties.

“I haven’t had a drink since the (November) incident,” Kennedy told Judge Jenner moments before the sentencing.

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Based on an agreed statement of facts, the court heard that as of November 21 last year, the woman and Kennedy were in a committed relationship when she went to Montreal to pick him up.

Upon arrival in Montreal, she found Kennedy uncooperative and drunk. On the return trip, Kennedy threw a carton of cigarettes at her, hitting her in the face.

When the couple returned to Kennedy’s New Sudbury apartment, he became angry and threw away the woman’s cell phone and shoes, causing an estimated $1,200 in damage to the phone.

Kennedy then kicked the woman in the back and kneed her, causing vaginal bleeding, and then punched her in the jaw.

The attack stopped when the woman bit Kennedy on the leg and fled the apartment.

When Greater Sudbury police officers and paramedics arrived, the woman was in a nearby apartment. Another tenant held a towel to the victim’s head and blood was dripping down his right cheek.

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The woman was taken to Health Sciences North for treatment.

Kennedy was charged and released on the condition that he stay away from the woman.

On March 5, police officers, acting on a tip, visited Kennedy’s apartment and found a woman there. Kennedy, who appeared to be intoxicated, shouted at the woman, asking her to leave and live with her mother.

The woman told officers she had been spending nights at Kennedy’s apartment since January.

The text messages checked by the officers showed that Kennedy wanted the woman to live with him and that he missed her.

Then on March 20, Kennedy contacted the woman and invited her to visit. When she arrived, Kennedy was drunk and angry.

The next day, Kennedy indirectly contacted the woman and told her to stop disturbing one of her children, whom she had contacted.

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“Leave me and my family alone,” the message said.

The court heard the woman did not provide a victim impact statement to the Crown and that she never wanted Kennedy to be charged.

In his statement, Michel said Kennedy, who works as a diamond driller in the North, had stopped drinking.

“What happened in these cases was the result of his drinking problems,” the lawyer said.

Michel said Kennedy and the woman, who each have children from other relationships, need each other.

“This is a family that needs to come together,” he said. “One family depends on each other.”

Michel said the woman wanted to go back to Kennedy and come to an agreement.

“He is a good and caring father,” the lawyer said. “She needs him in her family.”

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Michel added that before arriving in court, Kennedy made a donation to the local chapter of the Canadian Mental Health Association and it was his client who called police about the assault at the apartment on November 21.

Assistant Crown attorney Sandra Town stated that the Crown’s findings, based on interviews with the woman, were that she did not want any contact with Kennedy.

Town says Kennedy’s record includes convictions for assault in 2008, assault on a police officer in 2022 and assault convictions involving three other women. As a result, she said it was important for Kennedy to seek counseling on issues such as domestic violence and anger management.

“This is a sentence in which resocialization is a very important principle of sentencing,” she concluded.

As a result of the four guilty pleas, the Crown dropped the remaining charges against Kennedy.

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X: @HaroldCarmichae

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