Prince Edward Island provincial court
A 37-year-old Charlottetown man was sentenced Tuesday in provincial court to serve eight months in the provincial correctional centre for breaching a probation order.
The sentence, which was subsequently reduced by 60 days in light of time spenton remand, was imposed in the case of Loman Francis Sheehan.
Sheehan breached a condition of his probation stipulating that he have absolutely no contact with a woman he had been in a relationship with without obtaining permission in advance from his probation officer. No such permission was obtained.
On the date in question, Sheehanapproached the victim at Victoria Park and made threatening comments.
He also yelled at the children they shared together to leave the swimming pool, frightening those children and other children who happened to be in the pool.
The victim and the lifeguard at the pool eventually convinced him to leave.
Sheehan has a lengthy criminal record with multiple convictions for breaching probation orders that prohibited contact with the victim.
This latest offence occurred just two months after Sheehan was released from jail after serving five months for the very same offence.
He has also served time in jail for assaults and uttering threats against the same victim.
The Crown called for a sentence in the range of eight to 10 months. Defence counsel proposed a sentence in the range of four to six months.
Orr said the primary factors in imposing sentence in this case were denunciation and deterrence. Rehabilitation, she said, was not a factor.
Orr said she found it hard to believe how anyone could carry on the way Sheehan does.
She told Sheehan that the victim is a person who has the right to do whatever she wants to do with whoever she wants to do it with.
Sheehan, she observed, seems to just want to beat her down and make her do what he wants.
“She is not just a piece of furniture you can move around,” Orr said.
She told Sheehan that if he wishes to have any contact with the victim he must have the express consent of probation services.
“You can’t go to a park and harass everybody there.”
Orr quoted sections of the victim impact statement in which the victim said Sheehan has to realize that he does not own her and that his actions terrified their children.
Upon release from custody Sheehan will spend three years on probation.
He must undergo assessment, counselling and treatment, if required, for the use of alcohol or drugs or any other underlying issue which might have contributed to the commission of this offence. He must also pay a $200 victims of crime surcharge.