Tenyka Jade McBride will have to complete 20 hours of community service and obey her probation orders after pleading guilty to disobeying previous court instructions.
McBride, 21, appeared in Moose Jaw provincial court on April 22. She pleaded guilty to breaching an undertaking without lawful excuse by contacting her partner when she was prohibited from doing so.
Judge Brian Hendrickson informed McBride there would be no trial since she was pleading guilty. This also meant she would receive her sentence that day. He pointed out pleading guilty could lead to her having a criminal record, which might make it difficult for her to travel outside of Canada.
McBride said she understood. She also acknowledged that she was pleading guilty voluntarily and making this decision of her own free will.
McBride was placed on an undertaking on March 10, 2018, with conditions that included having no contact with her partner or being near his house, explained Crown prosecutor Robbie Parker. He could not say why this condition had been given since he did not have information about her previous offence on hand.
Moose Jaw police were called to a residence on Feb. 25, 2019 at 4:45 p.m. for a report of a domestic dispute, he continued. The investigation revealed McBride and her partner had become physically violent toward each other. While an assault charge was laid, the Crown later stayed that offence.
“The Crown came to the determination that it was more likely … a consensual physical altercation as opposed to assault,” Parker said.
Parker recommended that McBride be given a conditional discharge with three months of probation. She would have to keep the peace and be of good behaviour, report to a probation officer, live at an approved residence and complete 20 hours of community service in three months.
A conditional discharge means a person’s record is kept on file up to three years. It can then be automatically removed after one or three years, based on the type of discharge.
Judge Hendrickson wondered if an absolute discharge would be more appropriate. Parker replied that that was not possible, since the Crown believed this breach was a violation of a court order. A conditional discharge would send an appropriate message.
Hendrickson accepted McBride’s guilty plea and the Crown’s recommendation. He acknowledged that while it’s important to not have a criminal record, a punishment was needed to ensure there was “some sting with non-compliance with a court order.”
“This recommendation … is an appropriate disposition,” he added.
