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A Sudbury man with a history of violence may have avoided jail time because a woman he assaulted wouldn’t cooperate with prosecutors and never wanted to be charged in the first place.

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Instead, Ontario Court Justice Graham Jenner gave Robert Kennedy a suspended sentence.

“This is a fairly high level of violence,” Judge Jenne said. “Clearly, what happened, that assault in November, alcohol was a factor and I’m sure things would have been different if it hadn’t been a factor.

“I think it’s important that you understand that. Intimate partner violence is an epidemic and a cause for serious concern in this community. The facts that are known today are quite shocking and horrifying.”

However, Jenner said the Crown would have faced significant legal problems if the case had gone to trial because the victim would not cooperate.

“If there were no significant indictable issues from the Crown’s perspective and the Crown had your co-operation in prosecuting the charges… perhaps being found guilty after trial, there would be a natural custodial sentence,” the judge said.

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Kennedy, 36, who faced seven charges, pleaded guilty four times, including:

– mischief under $5,000 and assault (originally assault causing bodily harm) for an attack in his apartment on November 21, 2023; and

breaches of commitment for contacting your spouse on March 20 and 21.

In addition to the suspended sentence, Jenner issued an 18-month probation order that includes the condition that Kennedy have no contact with her spouse unless she provides written revocable consent.

Additionally, he cannot possess weapons and must attend domestic violence and substance abuse programs.

The Crown and defense lawyer Denis Michel proposed the sentences.

“I haven’t had a drink since the (November) incident,” Kennedy told Judge Jenner moments before being sentenced.

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The court heard through an agreed statement of facts that, until Nov. 21 of last year, the woman and Kennedy had been in an on-again, off-again relationship when she drove to Montreal to pick him up.

Arriving in Montreal, he found Kennedy uncooperative and drunk. During the return trip, Kennedy threw a carton of cigarettes at her, hitting her in the face.

When the couple returned to Kennedy’s apartment in New Sudbury, he became angry and threw the woman’s cell phone and shoes, causing an estimated $1,200 in damage to the phone.

Kennedy then kicked the woman in the back and kneed her, causing vaginal bleeding. He then punched her in the jaw.

The assault stopped after the woman bit Kennedy on the leg and fled the apartment.

When Greater Sudbury police officers and paramedics arrived, the woman was in a nearby apartment. Another tenant was holding a towel over the victim’s head and blood was dripping down his right cheek.

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The woman was taken to North Health Sciences for treatment.

Kennedy was charged and released on an agreement to stay away from the woman.

On March 5, police officers acting on a tip visited Kennedy’s apartment and found the woman inside. Kennedy, who appeared intoxicated, had been yelling at the woman, telling her to leave and live with her mother.

The woman told officers she had spent nights at Kennedy’s apartment since January.

Text messages that officers examined indicated that Kennedy wanted the woman to move back in with him and that he missed her.

Then, on March 20, Kennedy contacted the woman to visit her. When he arrived, Kennedy was drunk and angry.

The next day, Kennedy indirectly contacted the woman and told her to stop bothering one of her children whom she contacted.

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“Leave me and my family alone,” the message said.

The court heard the woman did not provide a victim impact statement to the Crown and never wanted Kennedy to be charged.

In his sentencing presentation, Michel said Kennedy, who works as a diamond driller in the North, stopped drinking.

“What happened on these occasions was the result of problems he had with drinking,” said the lawyer.

Michel said Kennedy and the woman, each of whom has children from other relationships, need each other.

“This is a family unit that needs to come back together,” he said. “The family unit depends on each other.”

Michel said the woman wants to get back together with Kennedy and fix things.

“He is a good and loving father,” said the lawyer. “She needs him in her family.”

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Michel added that before going to court, Kennedy made a donation to the local chapter of the Canadian Mental Health Association, and it was his client who called police about the Nov. 21 assault at the apartment.

Deputy Crown counsel Sandra Town said the Crown understood, based on conversations with the woman, that she did not want any contact with Kennedy.

Town said Kennedy’s record includes an assault conviction in 2008, a conviction for assault on a police officer in 2022 and assault convictions involving three other women. As a result, he said it was important for Kennedy to receive counseling on issues such as domestic violence and anger management.

“This is a sentence in which rehabilitation is a very important sentencing principle,” he concluded.

As a result of the four guilty pleas, the Crown dropped the other charges Kennedy faced.

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X: @HaroldCarmichae

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