Steinbach judge spares three from criminal record

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This article was published 09/09/2020 (1751 days ago), so information in it may no longer be current.

A provincial court judge presiding in Steinbach last Thursday gave three people a second chance at life without a criminal record.

Judge Dale Harvey imposed conditional discharges on three individuals with no prior convictions. Each pleaded guilty to a criminal charge from three separate and unrelated incidents. Lawyers recommended the discharges in all three cases.

If the individuals abide by the conditions attached to the discharges, they won’t be saddled with a criminal record.

The first case concerned a 21-year-old man who resisted arrest by Steinbach RCMP on Sept. 10, 2019.

Crown attorney Theresa Cannon said officers were called to a residence where two male roommates were fighting.

One of the men kicked and struggled while being escorted to a police cruiser, sending both him and an officer toppling to the ground.

“It could have been dealt with better,” the man acknowledged.

He pleaded guilty to resisting a police officer.

Defence lawyer Alan Libman said his client suffers from anxiety, attention deficit hyperactivity disorder, and obsessive-compulsive disorder.

“This young man has learned his lesson,” Libman said.

“It’s not worth saddling you with a criminal record for just that momentary lapse,” Harvey said, adding the man must behave respectfully with police in the future.

Harvey gave the man six months to complete 20 hours of community service work and complete any counselling ordered by a probation officer.

The second case involved a 35-year-old woman who shoplifted $525 worth of groceries from Superstore on Jan. 19, 2018. Store security stopped the woman in the parking lot.

She pleaded guilty to one count of theft under $5,000.

Erika Brenner, a University of Manitoba law student defending the woman in court, said baby formula accounted $92 worth of the stolen goods.

The woman experienced “a lapse in judgement” while unemployed and now holds down a steady job, Brenner said.

A second charge of theft under $5,000 dating from Oct. 26, 2018 was stayed as part of a plea agreement.

Harvey gave the woman 12 months to complete 25 hours of community service work. She was also banned from attending Superstore for one year and ordered to pay a $100 court surcharge.

The third case concerned a 51-year-old man who pushed his wife during a domestic argument on Nov. 3, 2019.

The matter had been set for trial but the man changed his mind and pleaded guilty last Thursday to one count of assault.

Defence lawyer Ed Murphy represented the man, who received a 12-month conditional discharge with a weapons ban and protective conditions for the complainant. He must also pay a $100 court surcharge.