Sudbury man avoids jail in ‘shocking’ domestic violence case

Article content

A Sudbury man with a history of violence may have avoided jail because a woman he assaulted wouldn’t cooperate with prosecutors and never wanted him to be charged in the first place.

Article content

Instead, Ontario Court of Justice Judge Graham Jenner gave Robert Kennedy a suspended sentence.

“This is a fairly high level of violence,” Judge Jenne said. “Obviously what happened, that attack in November, alcohol was a factor and I’m sure things would have been different if that hadn’t been a factor.

‘I think it’s important that you understand that. Intimate partner violence is an epidemic and an acute problem in this community. The facts we are hearing today are quite shocking and quite horrific.”

However, Jenner said the Crown would have faced significant legal challenges if the case had gone to trial because the victim would not cooperate.

“If there were no significant issues that could be tried from the Crown’s perspective and the Crown had its cooperation in prosecuting the charges… perhaps there would be a natural custodial sentence if she were found guilty after trial,” said the judge.

Article content

Article content

Kennedy, 36, who faced seven charges, entered four guilty pleas, including:

– mischief under $5,000 and assault (originally assault occasioning bodily harm) due to an attack on his apartment on November 21, 2023; And

breach of contract because he contacted his wife on March 20 and 21.

In addition to the suspended sentence, Jenner issued an 18-month probation order, which includes the condition that Kennedy must not have any contact with his wife unless she gives her written, revocable consent.

In addition, he is not allowed to own any weapons and must attend domestic violence and substance abuse programs.

The Crown and lawyer Denis Michel proposed the sentences.

“I haven’t had a drink since the incident (November),” Kennedy told Judge Jenner just before he was sentenced.

Article content

The court heard through an agreed statement of facts that the woman and Kennedy had an on-again, off-again relationship starting Nov. 21 last year when she drove to Montreal to pick him up.

When she arrived in Montreal, she found Kennedy uncooperative and drunk. During the return trip, Kennedy threw a pack of cigarettes at her and hit her in the face.

When the couple returned to Kennedy’s New Sudbury apartment, he became upset and threw away the woman’s cell phone and shoes, causing an estimated $1,200 in damage to the phone.

Kennedy then kicked the woman in the back and kneed her, causing vaginal bleeding. He then punched her in the jaw.

The attack stopped after the woman bit Kennedy on the leg and fled the apartment.

When Greater Sudbury police officers and paramedics arrived, the woman was in a nearby apartment. Another tenant held a towel to the victim’s head and blood dripped down her right cheek.

Article content

The woman was taken to Health Sciences North for treatment.

Kennedy was charged and released on a bond that included the condition that he stay away from the woman.

On March 5, police officers, acting on a tip, visited Kennedy’s apartment and found the woman inside. Kennedy, who appeared to be intoxicated, had yelled at the woman and told her to leave and go live with her mother.

The woman told officers she had been spending nights at Kennedy’s apartment since January.

Text messages that officers examined indicated that Kennedy wanted the woman to live with him again and that he missed her.

Kennedy then contacted the woman on March 20 for a visit. When she arrived, Kennedy was drunk and angry.

The next day, Kennedy indirectly contacted the woman and told her to stop harassing any of his children she contacted.

Article content

“Leave me and my family alone,” the message read.

The court heard the woman had not provided a victim impact statement to the Crown and Kennedy never wanted to be charged.

In his sentencing, Michel said Kennedy, who works as a diamond driller in the north, has stopped drinking.

“What happened on these occasions was the result of problems he was having with drinking,” the lawyer said.

Michel said Kennedy and the woman, who each have children from other relationships, need each other.

“This is a family unit that needs to come back together,” he said. “The family unit is interdependent.”

Michel said the woman wants to return to Kennedy to resolve matters.

“He is a good and caring father,” the lawyer said. “She needs him in her family.”

Article content

Michel added that before going to trial, Kennedy had made a donation to the local chapter of the Canadian Mental Health Association, and that it was his client who called police about the Nov. 21 attack at the apartment.

Assistant Crown attorney Sandra Town said the Crown understood, based on conversations with the woman, that she did not want any contact with Kennedy.

Town said Kennedy’s record includes an assault conviction in 2008, a 2022 assault conviction on a police officer and assault convictions involving three other women. As a result, she said it was important for Kennedy to seek counseling on issues such as domestic violence and anger management.

“This is a sentence where rehabilitation is a very important sentencing principle,” she concluded.

As a result of the four guilty pleas, the Crown dropped the other charges Kennedy was facing.

[email protected]

X: @HaroldCarmichae

Article content