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Appeal court adds 18 months to prison term of B.C. man who abused intimate partner

The trial was heard in Surrey provincial court
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Court of Appeal in Vancouver. (File photo: Tom Zytaruk)

A higher court has tacked an extra 18 months onto the prison term of a man who abused his B次元官网网址渋ntimate partnerB次元官网网址 after the Crown appealed a Surrey provincial court judgeB次元官网网址檚 sentence.

David Welesley Somers was convicted in Surrey on Oct. 6, 2020 of 10 crimes involving repeated acts of violence against his partner and the judge sentenced him to eight years and nine months but reduced the aggregate sentence to four years and six months, less time served.

The Crown appealed that sentence, arguing it was B次元官网网址渄emonstrably unfitB次元官网网址 on grounds it failed to take into account the severity of SomerB次元官网网址檚 crimes, which involved assault with a weapon, uttering a death threat, unlawful confinement, slapping the womanB次元官网网址檚 face and choking her.

The court heard he held a knife to her wrist and threatened to cut off her hand.

The court also heard that by the time Somers was tried on these offences he already had 50 criminal convictions and spend most of his adult life B次元官网网址 he was 35 at the time of this trial B次元官网网址 going in and out of prison for robbery, assault, assault with a weapon, assault causing bodily harm, and assaulting a peace officer.

B次元官网网址淗is parole had been revoked three times,B次元官网网址 noted Justice Susan Griffin, of the Court of Appeal for British Columbia, in her delivered via videoconference. B次元官网网址淗is longest sentence was six years for the robbery and weapons offences.B次元官网网址

The Crown prosecutor argued for a sentence of 13.5 years, reduced to nine or 10 for time served, while the defence argue for a sentence of 36 months and five days, less credit for time served, plus three years of probation.

B次元官网网址淲hen abuse occurs in the complainantB次元官网网址檚 own home and family environment, the complainantB次元官网网址檚 sense of personal security can be totally destroyed,B次元官网网址 Griffin noted in her reasons.

The Surrey judge in passing his aggregate sentence ordered that Somers serve two years concurrent to his other crimes on an attempt to obstruct justice conviction. Griffin changed this to an 18-month consecutive sentence.

B次元官网网址淚n my view, a fit aggregate sentence given the circumstances of the respondent and his offences would be six yearsB次元官网网址 imprisonment, before credit for time served,B次元官网网址 Griffin decided.

Appeal Court Justices David Frankel and Christopher Grauer concurred.



About the Author: Tom Zytaruk

I write unvarnished opinion columns and unbiased news reports for the Surrey Now-Leader.
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