Man who choked woman gets sentence reduced after appeal

Ryan Ross
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Supreme Court of Prince Edward Island

An Island man who was serving almost two years in jail after he attacked and threatened to kill a woman is getting out earlier than expected after he successfully appealed his sentence.

Darren Ralph McLean pleaded guilty to the offences and in January he was sentenced to two years less a day in jail after he got into an argument with the victim while they were driving, grabbed the steering wheel and forced the truck off the road.

He then grabbed the victim by the throat, hit her several times and choked her until she almost passed out.

P.E.I. Supreme Court Justice Ben Taylor was the presiding judge on the case and McLean appealed the sentence on the grounds that it was based on an incorrect application of the principles of sentencing.

In a decision released May 28, the appeals court agreed and reduced his sentence to 14 months, saying it was the appropriate period of jail time for assault causing bodily harm.

In overturning the original sentence, the appeal judges said the case involved a serious offence and that should include lengthy jail time, but it also required a sentencing judge to consider all of the principles of sentencing.

The appeal judges said Taylor’s sentence was not in line with the range previously imposed in P.E.I. and no explanation was given as to why the offence or McLean should be viewed as exceptional.

McLean was also sentenced to serve time concurrently for uttering a threat to kill the victim and for committing mischief by forcing the vehicle off the road.

With the change after the successful appeal, McLean will have served his entire sentence and will now be on probation for three years.

rross@theguardian.pe.ca

twitter.com/ryanrross

Geographic location: Iceland

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Recent comments

  • Picture
    May 29, 2014 - 23:01

    I agree , a picture should be posted. I hope all women at least read this and remember the name. The sad part is only the emotionally unstable and miserable women would give him a chance in the first place now. At least Judge Taylor tried this time. The poor woman.

  • Walt
    May 29, 2014 - 20:11

    Say what you will at least Judge Taylor tried. Change the sentencing guidelines. Where's the dudes picture?

  • Erin
    May 29, 2014 - 14:16

    DISCUSTING. What a lowlife -- now for him to go cause havock and play mind tricks with other women...Shameful the monster is allowed to walk.

  • Chris
    May 29, 2014 - 12:49

    Great message to send to many victimized women on the Island. Hey if you come forward and report abuse, the court system will victimize you again. I have a thought, set a precedent and make an example of this coward! I am very unimpressed with our lack luster, supremely incompetent Kangaroo court.

  • Quiet Observer
    May 29, 2014 - 11:54

    Whether he gets 2 years or 14 months, it puts a perspective on the discrimination against men when a women attempts to murder a man by stabbing him and only gets a miniscule slap on the wrists. The courts, government and society are anti-men. It is an accepted norm for them for men to be discriminated against as a part of life. More than ever, we need an Advisory Council on the Status of Men.

    • Jeremy Squires
      May 29, 2014 - 22:57

      Insidious.

  • YayForJustice-NOT
    May 29, 2014 - 07:29

    Gross.

    • Lorna Vanderkaay
      May 29, 2014 - 10:57

      Where is the justice for this poor woman he tried to kill her???? Now you are going to let this maniac out to do the same to another poor victim Why was his case exceptional ?? Our cops do their jobs arresting sick people like that than it goes to court then they get a slap on the wrist come on judges what's up with that where the justice in that judges on pei please get with the times we are not back in the dark ages