Salmon Arm Law Courts

(CHARLOTTE HELSTON / iNFOnews.ca)

SALMON ARM - A man convicted of assault with a weapon for spanking his teenage daughter with a belt has won his fight to have the charge scrubbed from his criminal record after probation.

The man, who can’t be named to protect the identity of his 13-year-old daughter, admitted to striking her with a belt after he caught her sexting with boys, according to a Feb. 3, 2016 judgement in Salmon Arm Supreme Court.

A report filed in court says the man “went from zero to sixty” when he found out she'd been sending sexually explicit images of herself to boys in the community. He got out the belt and meant to hit her on the buttocks, but she turned to the side and he hit her leg.

“He reported he is not happy or proud of what he did but was at his wits end and frustrated,” the report said.

The whack left a small bruise, and the girl told a counsellor at school. The incident was then reported to police.

The case follows a similar story, in the same community. In May, 2016, a mother and father were sentenced to a conditional discharge and year-long probation for spanking their daughter — who they caught sexting — with a miniature hockey stick and a skipping rope. A conditional discharge stays on the offender’s criminal record for three years after probation.

The father in this case told the judge during sentencing that having the assault charge on his criminal record would negatively affect his involvement as a volunteer fireman, first responder, and advocate at school.

The sentencing judge said it would be a disservice to stop him from doing those things, but concluded there was no evidence he would have to due to the criminal record. The judge also pointed to the man’s existing record, which appears to include property related offences and one drug conviction — the most recent of which is now 15 years old. There was no history of violence and the judge heard the accused had taken significant steps to close that chapter in his life.

The sentencing judge ordered a suspended sentence and six months probation, a punishment that carried no jail time, but would stay on the father’s criminal record.

On appeal, Justice Ian Meiklem said the sentencing judge erred by not giving enough weight to the father’s statements about being negatively impacted by the criminal record. Meiklum granted the appeal, and set aside the original suspended sentence and probation. He ordered a conditional discharge with the same conditions, meaning the conviction will be lifted from the father’s record three years after his probation.

To contact a reporter for this story, email Charlotte Helston or call 250-309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. 

News from © iNFOnews, 2017