A man who was stabbed during an altercation in which he was the aggressor and a second man have pleaded guilty to assault, and thanks to mitigating factors were handed a lighter sentence than they could’ve been by a provincial court judge here.
Joseph Jesse Joynt and Jared Christopher Bolton pleaded guilty to one charge of assault each and were each sentenced to a conditional discharge with 15 months of probation.
They must abstain from intoxicating substances or drugs, except prescription drugs, for the first 12 months of their probation.
They must also do 15 hours of community work service and have no contact with the victim.
“Crown supports a discharge and if not for that support, you would have a more difficult time getting a discharge from me,” said provincial court judge Calvin Struyk in his sentencing.
“Two on one and kicking [someone in the head] doesn’t leave me very sympathetic.”
On September 5, 2014, police were called out to a bush party near Christy Park in the Horshoe and broke it up around 2 a.m., crown prosecutor Jordan Petty told the court before making his submissions for sentencing.
After leaving the party, the victim was on his longboard and passed Joynt, who was riding a bike and started calling him names, the prosecuter continued.
The victim stopped and told Joynt to say those things to his face.Joynt got off his bike and started towards the victim, who pulled out a pocketknife that he was known to carry, thinking that Joynt was going to assault him and believing the knife would be a deterrent, the court heard.
Joynt punched the victim in the face and he fell to the ground and also stabbed Joynt in the lower left hip or abdomen. Joynt punched and kneed the victim in the head – it’s not known how many times he did this, said Petty.
At some point, Joynt realized he had been stabbed and two others, including Bolton, rushed to help him and assaulted the stabber by kicking and punching him, but he managed to flee.
Bolton and Joynt chased him and the victim hid under a vehicle in a driveway, so the pair left, Petty said.
The next day, the victim went to the police to give a statement.
Joynt and Bolton gave police their statements, which formed a lot of the evidence against them.
They were cooperative, admitted their responsibility and their parts in the assault, said Petty.
Petty also noted that neither Joynt nor Bolton had prior criminal records and pleaded guilty before the case went to trial and asked Struyk to consider a conditional discharge with probation for 15 months and 15 hours of community work service for each.
Defence counsel for Joynt, Dallis Winsor, said his client admitted that he had a bit too much to drink at the bush party.
He rarely goes to parties anymore and his alcohol consumption has greatly diminished, court heard from the defence counsel.
Joynt has not been in any trouble since that bush party, he said.
Even though Joynt was stabbed, the stabber was not charged because, as Winsor understood it in his submission, the police believed that the stabber acted in self defence.
Joynt is prepared to accept that but is certainly upset since he was stabbed, said Winsor.
Ken Anderson, defence counsel for Bolton, said his client also acknowledges that he drank too much at the time of the assault and that this affected his judgment.
Bolton saw his friend Joynt in a fight and thought the other person who had a knife had started the fight, said Anderson.
Bolton is no longer into the party scene like he was back then and has shown remorse for his actions, he said.
“I can tell you Mr. Joynt and [the victim] are lucky. It doesn’t take much for a blow to the head to cause significant injury,” said Struyk before sentencing the pair.
No matter what the circumstances are, kicking someone in the head is out of line, he added.
“When it’s two on one, it is also a recipe for disaster,” he said.
Struyk gave both men credit for pleading guilty and for making good decisions since the altercation by moving forward to being contributing members of society.
“I wish you all the best and hope I never see you back here again,” said Struyk.
No charge information about the stabber was ever sent to Crown prosecutors for consideration.