Alleged attacks ‘a clear escalation in violence’

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This article was published 19/08/2025 (219 days ago), so information in it may no longer be current.

A man accused of assaulting his partner several times — which the Crown described as “escalating” in severity — was denied bail in Brandon provincial court on Monday.

“I’m not persuaded that you are a manageable risk in the community,” Judge Patrick Sullivan said. “It is on the basis of the secondary grounds and the repeated nature of these types of allegations and what appears to be an inability to stay away from (the complainant) that I deny bail.”

Axel Smith, 27, is charged with two counts of assault, three counts of breaching an undertaking, breaching a peace bond and theft under $5,000.

Crown attorney Melania Cannon said Smith entered a one-year peace bond with the complainant on May 26 after she alleged that he threatened to punch her. Cannon clarified that Smith was not proven guilty of this allegation and the charges were stayed.

The condition of the peace bond was that Smith could not contact the complainant unless he is sober and had her ongoing consent, she said.

On June 6 at around 2 a.m., the complainant’s neighbour called the police from Portage la Prairie and said her neighbour, who Smith had entered the peace bond with, came over to her house and asked her to call because she had been assaulted.

After police arrived, the complainant alleged that Smith kicked her and stole her purse. She also showed the police officer a scrape on her forearm, Cannon said. One of her friends, who was also present, said that Smith had been drinking that night.

Police patrolled the area and arrested Smith. He was released on an undertaking with a condition that he have no direct or indirect contact with the complainant.

Roughly a month later, on Aug. 14, RCMP received a call in Russell from the complainant, who said she had been assaulted. Cannon pointed out that Russell is almost a three-hour drive from Portage la Prairie.

“Members attended and found (the complainant) had a laceration to the side of her head and was bleeding from the left side of her head by her eye,” Cannon said.

In a statement to police, the complainant said she and a friend were having some girl’s time away from their kids at an apartment in Russell when Smith allegedly kicked the bathroom door open, unplugged a speaker and took it out of the room.

She said she followed him outside and he allegedly kicked her in the chest, causing her to fall backward and hit her head on the door frame, and then punched her in the mouth, Cannon said.

“She knows for sure she was punched a couple of times, but the next thing she remembers is being woken up by her friends,” Cannon said.

Cannon pointed out that Smith was under conditions not to contact the complainant at all and that the onus was on him to obey those conditions.

“The consequence … is exactly what was foreseen and expected, which is that he got drunk and assaulted her,” Cannon said. “There’s a clear escalation in violence over a short period of time.”

Defence lawyer Shira Brand said the Crown who is assigned to Smith’s matter told her that the complainant reached out to victim services and said that she “recanted” one of the alleged assaults. She also said that despite there being witnesses to the alleged assaults, none of them were willing to give a statement to police.

“There are significant triable issues,” Brand said. “Ultimately, if this matter was sent to trial, it will be a significant length down the road, risking spending a significant amount of time in custody for something that ultimately may end up in a stay of proceedings.”

Brand pointed out that while Smith does have a criminal record with some serious offences on it, his first conviction was in 2024, which shows that he knows how to stay out of trouble and be a law-abiding citizen.

Smith’s bail plan would include a promise to pay of $1,000 and that he reside with his sister in Long Plain First Nation. The lawyer said he doesn’t have many other supports in the community, as both of his parents have passed away. The sister, she said, will be a good influence for him to maintain his sobriety, which he has struggled with in recent years.

Sullivan called Brand’s submissions admirable but still wasn’t convinced that Smith wouldn’t pose a danger to the public and specifically the complainant if he were released.

» sanderson@brandonsun.com