Although he assaulted his girlfriend while intoxicated, a young man will not have a criminal record over the matter since a judge determined his actions were not overly serious.
Brayden William Henderson Johnson, 21, appeared in Moose Jaw provincial court recently, where he pleaded guilty to assault. He did not receive any punishment since Judge Daryl Rayner gave him an absolute discharge, which is the lowest-level adult sentence an offender can receive and does not saddle anyone with conditions to follow.
The Crown withdrew a charge of mischief under $5,000.
Henderson Johnson was 19 when this incident occurred, defence lawyer Merv Nidesh explained. He and his girlfriend, then 18, were out for a walk at 4:26 a.m. on Aug. 16, 2018 near A.E. Peacock High School when he grabbed her and wouldn’t let her go. She demanded that he release her, but he didn’t and instead fell to the ground while still holding her.
“She was able to get away and Brayden chased her,” Nidesh said.
Both had been in a relationship for a while and had consumed alcohol that evening, he continued. However, their brief relationship ended and she moved away; neither has been in contact with the other since then.
Crown lawyer Rob Parker verified that that is how the situation happened while noting the girlfriend indicated they had been in an on-again, off-again relationship for nearly a year. Henderson Johnson had no previous record at the time, although if he had entered a guilty plea nearly two years ago, he would have received a conditional discharge.
Henderson Johnson has been diligent since then to change his behaviour, while this has been the only blemish in his life that attracted the court’s attention, Nidesh said. In 2018 he began seeing a counsellor one-on-one since — as an introvert — he would not have done well in a group situation. He has also completed an anger management course.
Henderson Johnson has part of his Grade 12 and plans to complete the rest online. Furthermore, he has worked with Babich Farms northeast of Moose Jaw for a while and his supervisor says he is diligent in his work.
“He can be responsible, hard-working and is deserving of an absolute discharge,” Nidesh added.
Henderson Johnson told Judge Rayner that what he learned from this incident is his actions can hurt others and he shouldn’t drink when he is stressed. He has absorbed many skills from the counselling courses he has taken, including meditation, which he performs a couple of days a week.
The question in this is whether he should walk out of court with no criminal record, Rayner said. The Criminal Code says a judge must consider aggravating factors when it comes to an offence against a spouse or common-law partner. However, he didn’t think this incident reached the severity levels that the Code mentioned.
“The court is always concerned whenever there are issues relating to domestic abuse or boyfriend-girlfriend assaults, (or) intimate partner relationships,” he continued. “It is something that society condemns … . We generally want to send strong messages to individuals who do partake in such activities.”
Henderson Johnson has had no contact with his ex-girlfriend and had taken counselling, an activity Rayner thought was most important.
The judge then granted the absolute discharge, noting it was not contrary to the public interest.
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