A 31-year-old Assiniboia man received time served at Moose Jaw Provincial Court on Wednesday after pleading guilty to charges stemming from a domestic dispute.
Travis Nelson pleaded guilty to one count of assault, two counts of breaching an undertaking and one count of breaching a release order as part of a joint submission between the Crown and the defence.
Nelson had spent 12 days in custody and was credited for 18 days. Judge Daryl Rayner agreed to the joint submission. Rayner called it a “sad” situation as Nelson went from having a clean criminal record to four criminal convictions.
On Sept. 11, Assiniboia RCMP received a noise complaint. Officers were stopped by a witness who said the victim, Sarah Kinchen, was taken to the hospital.
Kinchen was interviewed by police at the hospital, and she told police her boyfriend, Nelson, was intoxicated and they got into an argument. She told police he used a door to knock her up against a wall and threw her out of the house and she fell onto the concrete.
Nelson was subsequently charged with assault over the incident. At the time, Nelson was put on an undertaking not to contact Kinchen.
Legal Aid lawyer Zak Anderson told the court that Nelson admits he used more force than was reasonable to remove the victim from his house.
On Oct. 18, 9-1-1 received a hang-up call from the victim. Police learned that the two had been together at Nelson’s residence and Nelson was charged for breaching an undertaking. Nelson was also charged with assault, but the charges were dropped by the Crown as it was determined that he used reasonable force to get her to leave.
In December, Nelson was found to have willfully contacted Kinchen and he was arrested for breaching an undertaking. Nelson was released from custody with a no-contact order and GPS electronic monitoring. At the time of his release, Nelson moved to Big Beaver to separate himself from the situation.
However, on Jan. 1, police attended Nelson’s new residence and found him and Kinchen together.
Crown prosecutor Rob Parker did not seek any form of probation because Nelson had moved away and it was the victim that travelled to his residence and was the one seeking the contact in which Nelson was facing the consequences.
Nelson told the court he wanted to move on with his life, get back to work and work on his relationship with Kinchen.