Scales of justice
Jeremy John Marshall, 34, of Warren Grove kicked open front door of home on Mount Edward Road, hit victim on leg and knee with bat
The Crown is calling for a lengthy time in jail for a Charlottetown man who broke into the residence of his daughter’s boyfriend and whacked him on the legs with a baseball bat.
Crown Prosecutor Lisa Goulden said Friday that Jeremy John Marshall, 34, of Warren Grove should spend from 15 to 24 months in custody for what he did to the victim.
Goulden told told Justice Benjamin Taylor on Friday that court that Marshall was angry because he believed the victim was responsible for a recent problem his daughter had experienced.
On Sunday morning, Aug. 4 last year, following an angry exchange of text messages in which Marshall threatened the victim, he went to the victim’s residence on Mount Edward Road and invited him to come out and fight.
That didn’t happen.
Marshall returned to his vehicle where he grabbed a baseball bat.
He opened the screen door and then kicked the main door twice, forcing his way inside.
Marshall swung the bat twice, striking the victim on the leg and on the knee.
Goulden said the blows with the bat left the victim in great pain and with large red marks on his legs. He also suffered a bruise on his head from being struck by the door when Marshall forced it open.
To make matters worse, when Marshall was released from police custody he offered to pay for tickets to transport the victim and his daughter out west so they would not be available to testify against him.
That offer violated a no-contact order issued by the courts.
Goulden noted that Marshall had a prior criminal record that included convictions for assault, impaired driving, breach of probation, mischief and failure to attend court.
Goulden said that sentences for similar crimes ranged from several months in a provincial jail to periods of time in a federal correctional facility. In Prince Edward Island any sentence of two years or more must be served in the federal pen.
Goulden said the Crown and defence counsel could not agree on a joint recommendation on sentence, that their positions on an appropriate sentence were quite divergent.
She said in a case like this where there was a home invasion and assault in which a weapon had been used the primary consideration for the court should be deterrence and denunciation.
Defence counsel Mitchell MacLeod was to have addressed the court on sentence Friday as well but Taylor was forced to adjourn the case due to a pressing family matter
Taylor adjourned the case to May 21, at which time a date will be set to resume the sentence hearing.