A woman convicted of assault with a weapon for bashing a man over the head with an empty wine bottle claims she was provoked.
Her lawyer said he’ll seek a conditional sentence for his client who claims the victim made unwanted advances.
“Miss Phelps takes the position … the victim in that matter had made unwanted sexual advances towards her, and she responded inappropriately by hitting him in the head with the bottle,” Ryan Fawcett told Brandon court on Thursday as his client applied for bail over allegations that she breached her bail conditions.
Joy Dawn Phelps, 36, was charged following a bloody attack in Massey Manor on the evening of March 6, 2013. In mid-December, she pleaded guilty to assault with a weapon and to breaching her bail conditions on Oct. 31, 2013.
Details of the assault and specifics of what Phelps admitted to weren’t shared in court on Thursday.
The original allegation outlined by police was that the victim, a man in his 50s, had been struck with one or more wine bottles.
That account is consistent with what Crown attorney Yaso Mathu told court on Thursday.
“That individual was bashed over the head with an empty wine bottle and required several staples to close up his wounds, and he had a serious head injury,” Mathu said, adding Phelps and the victim had both been drinking at the time.
Shortly after the assault, a building tenant told the Brandon Sun that the floor and walls were left covered in blood. The victim was taken to hospital in serious, but non-life-threatening, condition.
Sentencing was supposed to be held on March 6 of this year — exactly one year after the assault — but it was then that Phelps’ allegations of the victim’s inappropriate conduct came to light.
The victim denies Phelps’ claim of unwanted advances, and the matter has been set for a hearing next week so evidence can be called.
The Crown hasn’t indicated the sentence it is seeking, but Fawcett said he’ll ask for a conditional sentence for Phelps.
Meanwhile, Phelps — who was originally granted bail on the assault allegation, then granted bail again after allegedly breaching her original release order — is now back in custody.
She’s accused of breaching her bail again by being at the bar at the Manitoba Summer Fair early Sunday morning. On Thursday, Judge Donovan Dvorak declined to release Phelps again.
She remains in custody as she awaits next week’s sentencing for the assault.