Five reasons Sarnia stabbing resulted in assault conviction

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Shortly before a Sarnia man was first attacked with attempted murder Lawyers sentenced to nine months in prison for armed assault in connection with a stabbing at the controversial Rainbow Park homeless camp have both told the judge how they reached a plea deal.

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UNWILLING VICTIM

Acting Crown attorney Nila Mulpuru for Lambton told Judge Ronald Minard that Stewart James, who was slashed seven times by Richard Hales at around 6.30pm on May 6, made a statement to police while in hospital. However, this statement was not sworn and James, who was discharged shortly afterwards, could not be located despite intense efforts by the police and the Crown Prosecution Service to contact him.

“The Crown had great difficulty obtaining further information from Stewart James and confirming his involvement,” he said.

NON-COOPERATIVE WITNESSES

That evening, several people in Rainbow Park saw the stabbing and reported to the police who had done it. Hales, 33, fled but was arrested nearby.

But Mulpuru said many potential witnesses, many of whom were homeless, were uncooperative and unfriendly with police.

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SIZE OF BLADE

Mulpuru said there was also a problem with the evidence surrounding the knife. Some eyewitnesses said that two knives, one large and one small, were used in the attack. But police found only one knife, and it was a small one.

“These weaknesses were taken into account,” he said. “I would suggest that the Crown is carefully considering some of the weaknesses in its case.”

HISTORY OF BAD BLOOD

Hales’ lawyer, Sarah Donohue, said adding to the weakness of the Crown’s case was a potential defense involving a history of violence between the two parties.

“In addition, my client has been the victim of very serious violence by the complainant in this case,” he said.

THE JUDGE ACCEPTS

Minard agreed after hearing the issues with the Crown’s case.

“The likelihood of him ultimately being found guilty was not certain,” he said.

He had no hesitation in handing down the recommended sentence for a conviction for assault with a weapon: nine months in prison and two years of probation.

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@ObserverTerry

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