Judge Brian Henderickson has sentenced Richard Douglas Houghton to four months in jail and 12 months of probation thereafter for assaulting two police officers.
Henderickson handed down his decision recently at Moose Jaw provincial court. He agreed to follow the joint submission of jail time and probation that the Crown and defence put forward. Houghton was led away to begin his sentence immediately after the judge finished discussing his reasons for the sentence.
Houghton pleaded guilty to assaulting two peace officers during a previous court appearance.
It was on June 13, 2018, in Moose Jaw when the incident happened, explained Henderickson. Officers arrived at a residence and removed Houghton since he was an unwanted guest. He was argumentative with the police while being led away, and was aggressive and argumentative when taken to the hospital.
“The accused had spat on (the constable), hitting him on the shoulder and his face,” the judge said in reviewing the facts. Another constable who was nearby was hit on the forehead with spit.
Henderickson was unable to tell if either officer suffered injuries from this action since neither officer submitted a victim impact statement. There are sections in the Criminal Code that refer to assaulting peace officers, with judges given leeway to impose sentences that denounce such actions.
“Spitting is a particularly distasteful and harmful type of assault,” Henderickson said.
There are elements that mitigate — or lessen — the sentence, the judge said. These include Gladue factors since Houghton is Aboriginal, has faced racism and had a “difficult upbringing;” he entered a guilty plea and took responsibility for his actions; he will be a father in October; he has been sober since the assault; and he is motivated to turn around his life.
The aggravating circumstances that increase the severity of the sentence include Houghton assaulted more than one peace officer, Hendrickson said. Courts have to protect officers, who already have a difficult job when dealing with the public. Furthermore, Houghton has a long criminal record with five prior assault convictions; his last one on an officer was in 2015.
Henderickson then wished Houghton good luck as the court sheriff led the man away.
