A 49-year-old man was sentenced to time served and 12 months probation March 18 for domestic violence and repeated breaches of court orders.
In Smithers provincial court, Richard Kenneth Naziel pleaded guilty to the Aug. 13, 2024 assault.
“During that altercation, he dragged (the victim) against her will, and also choked her,” said Judge Wendy Bernt.
Naziel was bound by a series of no contact orders that he breached on Aug. 21 and 28. He breached an order again, on Nov. 19, by being within 50 metres from the victim.
Bernt noted that Naziel and the victim are both Indigenous, a mitigating circumstance for Naziel, but an aggravating circumstance because of the high rate of violence against Indigenous women. Bernt noted the victim gave an impact statement, which described the emotional, mental and physical toll of Naziel’s assault.
“The proximity of a number of breaches to the initial incident are aggravating to me,” Bernt said. “It shows Mr. Naziel has a disregard for court orders as well as (the victim’s) safety and security, and this sentence should reflect the condemnation of that.”
Bernt sentenced Naziel to 90 days for the assault and 17 days for each of the breaches for a total 141 days. However, he spent 94 days in custody and received a further 47 days credit.
