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A Sudbury man with a history of violence may have avoided prison because the woman he attacked did not cooperate with prosecutors and never wanted him to be charged.

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

“This is a fairly high level of violence,” Judge Jenne said. “Clearly in this November assault, 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. Domestic violence is an epidemic and a major concern in this community. The facts heard today are quite shocking and horrific.

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

“If there were no significant triable issues from the Crown’s point of view and the Crown had their cooperation in pursuing the charges…perhaps once recognized guilty after the trial, there would be a natural prison sentence,” the judge said.

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Kennedy, 36, who faced seven charges, pleaded guilty four times, including:

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

breaches of his commitment for having contacted his spouse on March 20 and 21.

In addition to the suspended sentence, Jenner issued an 18-month probation order that includes a condition that Kennedy have no contact with his wife unless she provides written, revocable consent.

Additionally, he cannot own guns and must complete domestic violence and drug abuse programs.

The Crown and defense lawyer Denis Michel suggested sanctions.

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

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The court heard through an agreed statement of facts that since November 21 last year, the woman and Kennedy had been in an on-and-off relationship when she went to Montreal to pick him up.

Arriving in Montreal, she found Kennedy uncooperative and drunk. During the return trip, Kennedy threw a carton of cigarettes at her, hitting her in the face.

When the two men returned to Kennedy’s apartment in New Sudbury, he became upset and threw 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 hit her in the jaw.

The assault ended after the woman bit Kennedy on the leg and fled the apartment.

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

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The woman was taken to Horizon Santé-Nord for treatment.

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

On March 5, police officers acting on information went to Kennedy’s apartment and found the woman inside. Kennedy, who appeared drunk, had yelled at the woman, telling her to leave and live with her mother.

The woman told police she had been spending the night at Kennedy’s apartment since January.

Text messages reviewed by agents indicated that Kennedy wanted the woman to come back and live with him and that he missed her.

Then, on March 20, Kennedy contacted the woman to visit her. When she arrived, Kennedy was drunk and angry.

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

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

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

In his sentencing proposal, Michel said Kennedy, who works as a diamond driller in the North, had stopped drinking.

“What happened on these occasions was the result of alcohol problems he had,” the lawyer said.

Michel said Kennedy and the wife, each of whom has children from other relationships, need each other.

“It’s a family unit that needs to come back together,” he said. “The family unit depends on each other.”

Michel said the woman wanted to get back with Kennedy and work things out.

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

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Michel added that before coming to court, Kennedy made a donation to the local chapter of the Canadian Mental Health Association and that it was his client who called the police about the assault on 21 November in the apartment.

Assistant Crown attorney Sandra Town said the Crown understood, based on discussions with the woman, that she wanted no contact with Kennedy.

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

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

Following the four guilty pleas, the Crown dropped the other charges Kennedy faced.

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X: @HaroldCarmichae

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