A Sarnia man has been sentenced to 2.5 years behind bars for shocking a woman in an attack that had to be broken up by a neighbor as she was taking what she thought was her last breath.
A Sarnia man has been sentenced to 2.5 years behind bars for shocking a woman in an attack that had to be broken up by a neighbor as she was taking what she thought was her last breath.
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Brandon Davis, 30, briefly went to trial in a Sarnia courtroom in June, but after hearing the woman tested he chose to plead guilty to three breaches and one count of assault with a weapon or causing bodily harm by choking, suffocating or strangling.
“This offense before the court is a serious offense, there is no doubt about that,” Justice Mark Poland said during Davis’ recent sentencing hearing.
Defense lawyer Nick Cake suggested a time-served sentence of 18 months – his client had been in jail for more than a year already – while assistant Crown attorney Nicole Godfrey asked for another two years on top of his pre-plea custody for 3.5 years in total.
Poland said the Crown’s request wasn’t out of the range, but he went with 2.5 years, leaving Davis about 18 months left to serve.
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“This is a highly serious offense,” he said. “Mr. Davis’ degree of responsibility or moral blameworthiness is at the higher end.”
The court heard the woman testify she thought she was breathing her last breath until a neighbor showed up and hit Davis in the head with a mug. Poland said he shudders to think what would’ve happened if the neighbor didn’t step in.
No victim-impact statement was filed, but based on the woman’s testimony Davis’ actions significantly and seriously impacted her, the judge recalled. He also pointed out Davis would’ve gone to prison for a significant amount of time if he was found guilty after trial instead of pleading guilty and was facing a maximum of 14 years due to his past criminal record.
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It includes multiple convictions for assault as well as forcible confinement, criminal harassment, mischief, obstructing justice, and several breaches of probation and bail.
“Suffice it to say that Mr. Davis’ criminal record is extremely aggravating,” the judge said.
A pre-sentence report from a prior sentencing in 2021 said Davis is intelligent and articulate, but needs to follow through on changing his ways. Davis spoke for more than six minutes when given a chance to address the judge directly, saying he’s learned from the past and feels remorse for his actions.
But Poland also recalled he admitted his pattern has been escalating.
“Indeed, it has,” he said, calling him a recalcitrant and serial offender.
The judge included a three-year probation order with several restrictions when he’s released and also banned him from weapons.
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