Man receives five-month sentence for violent assault

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This article was published 13/10/2023 (1075 days ago), so information in it may no longer be current.

A Brandon man was sentenced to five years behind bars on Monday after pleading guilty to a violent domestic assault from nearly five years ago.

Frederick Duck, 34, pleaded guilty to assault with a weapon — a broken ceramic coffee mug — which he used to slice the arm of his girlfriend at the time during a drunken attack. The Crown and defence argued for different sentences with the Crown asking for six to nine months, while defence suggesting three months behind bars.

Crown attorney Yaso Mathu read the evidence for the charge in court.

On Dec. 30, 2018, Duck and his girlfriend and her sister were drinking in the basement of a Garwood Drive home after returning from a party. In a statement Duck’s girlfriend gave to police, she said that the three were laughing and having a good time, when suddenly Duck, “changed like a switch.”

Duck flipped the table, knocking his girlfriend off her chair, and jumped on top of her. He began punching her in the face and she tried to hold him by his hair. Duck grabbed a broken mug from the floor and kept hitting her with it until it sliced her arm and she let go.

The woman’s sister was also attacked by Duck, but she managed to protect her face from his punches. She also provided a statement to the police as a witness to the attack. Finally, the woman’s 15-year-old son heard the ruckus and called police, reporting that Duck and his mom were fighting. There were seven children in the house at the time.

The woman’s thumb was also dislocated in addition to her sustaining the cut on her arm from the coffee mug.

Mathu said that the domestic nature of the attack and the presence of children during it made the case more serious.

“A 15-year-old boy called police, he saw his mother being beaten by her partner,” the prosecutor said. “And as we know, children who witnessed violence are more likely to be traumatized and either be victims of violence themselves or perpetuate violence.”

Mathu said that while the Crown might usually ask for a higher sentence range, but that resolving the case in this way would give the victim some closure without having to testify about the traumatic event.

Duck’s lawyer, Tony Kavanagh, told the court that his client doesn’t remember much of the events that night, but has had ongoing struggles with alcohol. The defence lawyer said that at the time of the offence, Duck did not have much of a criminal record, though the Crown added that he had racked up numerous charges since then.

Kavanagh said that his client has expressed an interest in getting help with his addiction issues and takes responsibility for his actions.

Judge John Combs emphasized the seriousness of attack and sentenced Duck to five months in jail, with credit for the time he has already served.

“The incident itself is extremely disturbing and serious,” he said. “The assault was serious, there were serious injuries to the complainant, there was a weapon used.”

Duck was also sentenced to a term of probation and a five-year weapons prohibition.

Duck also has other pending criminal charges which will next appear before the court on Nov. 20.

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