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Kispiox man sentenced in domestic assault case

Court heard he continued to have contact with the victim after his arrest
handcuffs

A Kispiox man who punched his partner in the private parts and choked her will spend six months under house arrest and serve two years probation.

Mervin Norman Skulsh, 49, pleaded guilty Thursday, Feb. 27 in Smithers provincial court to assault by choking, common assault and three counts of breaching release orders. He was arrested last September while he was bound by a peace bond with a leave on demand condition.

Judge Wendy Bernt also sentenced Skulsh to 42 days in jail, which amounted to time served because he had already spent 53 days in custody.

Bernt noted that, after Skulsh was arrested, he violated conditions of his release to not have contact with the victim. For instance, he sent a text message to her and was seen in the community with her twice.

The victim declined to provide an impact statement to the court, but Bernt said she expressed her desire to both the Crown prosecutor and defence lawyer to have a sober Skulsh back in her life.

A mitigating factor for Skulsh is that he is Indigenous, but that was an aggravating factor due to the victim being Indigenous. Bernt acknowledged Indigenous women are disproportionately the victims of violence.

“Any time one partner chooses to inflict violence on another, society must condemn that in the strongest possible terms,” Bernt said.

Bernt said Skulsh’s early guilty plea was in his favour, as well as his limited criminal record, with one previous conviction for intimate partner violence 20 years ago.

“I consider these offences, Mr. Skulsh, to be out of character for you, and I accept the submissions that likely intoxication in some form played a role in this,” Bernt said.

The house arrest is effective around the clock, but Skulsh may leave with prior written permission from a conditional sentence supervisor for employment. He can also leave at any time, should he require emergency medical care.