Seamus Kirby was released from Okanagan Correctional Centre after serving 444 days for robbery in Penticton court yesterday, Oct. 7, 2019.

(STEVE ARSTAD / iNFOnews.ca)

PENTICTON - A Penticton prolific offender is back on the street after being sentenced in court yesterday to time served for assaulting and robbing his own girlfriend.

Seamus Ronald Kirby entered a guilty plea on a single count of robbery in Penticton Supreme Court Oct. 7, in a charge stemming from an incident that occurred on Dec. 17, 2018.

Crown Prosecutor Nashina Devji told court Kirby was in a Penticton motel room with his girlfriend on Dec. 17, 2018, when the two got into an argument while lying in bed.

Kirby punched her in the face repeatedly, at once point putting her in a chokehold. He refused to let her leave the room.

He then left her, bruised and bloodied, while he took her wallet, identification and purse, which contained $2,000.

The RCMP was called after neighbouring units heard the woman’s screams. They found the woman bleeding from lacerations to the face and head.

Kirby was arrested later that day with $731 and various drugs on his person, and has been in Okanagan Correctional Centre since.

Devji noted Kirby’s extensive criminal past which included a 2014 assault charge, two prior break and enters, numerous counts of breach and drug charges.

She said Kirby’s degree of violence and choking in the attack were particularly aggravating.

But Devji also said it was to Kirby's credit that he agreed to plead guilty to the charge and spare a trial in spite of the fact that he was aware of "case frailties."

Devji presented Judge Steven Wilson with a joint submission that would see Kirby released on time served of 279 days plus 165 days enhanced credit, or 444 days.

Defence lawyer Michael Patterson said his 28-year-old client committed most of his crimes while under the influence of heroin and methamphetamine.

He said Kirby’s mother was providing support upon his release to provide him with a place to stay and get counselling, adding his client had taken steps while in custody to handle his substance abuse issues.

Patterson said his client regretted his actions, and was scheduled to attend Discovery House in Penticton, following which he planned to relocate out of the city.

Judge Steven Wilson agreed to the joint submission.

“It’s a serious offence, a cowardly offence,” he said. “Mr. Kirby, the sentence is a light one, given what you have done. Fortunately you recognize drugs and alcohol, drugs in particular, have played a significant role in putting you where you are today, and it’s up to you to get your life in order,” the judge said.

Kirby also faces an 18 month probationary period, a 10 year firearms ban and a restitution order for $1,500.

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News from © iNFOnews, 2019