MOOSE JAW — Douglas Frank Whalley will serve time after pleading guilty to robbing and assaulting his ex-girlfriend.
It was on June 21 when Whalley, 36, and two friends followed the woman to a residence on Hochelaga Street East and began arguing with her, Crown prosecutor Robbie Parker said while reading the facts in Moose Jaw Provincial Court on Nov. 21.
One man kicked her since she was sitting on the grass, so she stood up, only for Whalley to grab her, shove her back down, and hold her while another co-accused kicked and punched her, the Crown prosecutor continued.
During the altercation, said Parker, one of the co-accused stole the woman’s wallet, which contained $1,800 in cash and tickets to the Tunnels of Moose Jaw.
EMS took her to the hospital, where she was treated for bruises and cuts to her head, face, arms and hands, Parker continued. Police identified Whalley and his co-accused because a security camera at a neighbouring property recorded the incident. He was then placed on an order prohibiting him from being near his ex-girlfriend.
Whalley was supposed to appear in court for the robbery charge in July but failed to show up.
Meanwhile, on Aug. 25, Whalley went to a trailer park near the highway, knocked on the woman’s door and began arguing with her through the door, Parker said; she told him to leave, but he stepped inside without a lawful excuse and came within four feet of her.
“While inside, he dropped his phone, picked it back up, broke it over his knee, then, using his left hand, threw the broken phone at (the woman’s) face,” the prosecutor continued. “The phone struck her near the left eye, and a small piece of glass embedded itself in her left eye.”
These incidents are considered intimate partner violence, considering the two people had dated for a while, Parker added. Also, the robbery is the most serious offence, while the assault with a weapon is another aggravating and serious factor.
Whalley, 36, appeared by video in court, where he pleaded guilty to robbery, failing to appear in court, assault with a weapon and being unlawfully in a dwelling house. The Crown stayed two other charges.
As part of a joint submission, he will spend 18 months (545 days) in jail, with 12 months (365 days) for the robbery and six months (180 days) for the assault, while all other charges will run concurrently.
However, because he spent 44 days on remand after his arrest, the court credited him with 66 days, which means he has 479 days left to serve. After his release, he will spend 12 months on probation.
Whalley must also provide a mandatory DNA sample and is prohibited from owning or possessing weapons for 10 years. He is also prohibited from being near his ex-girlfriend’s home, work or place of education.
Whalley’s defence lawyer explained that his client has had addiction issues since he was 10 years old, while he began using crystal meth around age 15. The robbery of his ex-girlfriend occurred because he needed money to feed his addiction.
The lawyer acknowledged that both situations involved domestic violence, while Whalley’s actions were “extremely serious” since he and the woman had been in a relationship, so a jail sentence was appropriate.
“He’s admitting his responsibility and he realizes he must take care of his addiction so that he doesn’t get into this type of situation again,” the legal counsel added.
Judge Brian Hendrickson accepted the joint submission and agreed to waive the victim fund surcharge fee.
