Domestic violence incident earns Westlock man 12 months CSO

BARRHEAD – A 55-year-old Westlock man received a 12-month suspended sentence followed by a 12-month suspended sentence for assault.

Judge Carrie-Ann Downey handed down the sentence against Darren Edwin Custead during a sentencing hearing at Barrhead Court on August 13, accepting a joint application from the prosecution and defence.

Custead pleaded guilty to the charge at Barrhead Magistrates Court on April 23.

Downey postponed sentencing on April 23 at the request of Custead's attorney, Gary Smith, who had asked the court to prepare a report before sentencing.

A criminal history report is a document prepared by a probation officer at the court's request after interviewing the defendant and other supporting sources. It helps the presiding judge determine an appropriate sentence.

For the first six months of his sentence, Custead will be under house arrest 24 hours a day, seven days a week, with the exception of a maximum of four hours per week for grocery shopping. The court must also pre-approve other exceptions for medical appointments or family emergencies.

During the second six months, Custead will be subject to a curfew during which he must remain in his court-approved residence between 10 p.m. and 6 a.m.

During this time, he is also prohibited from entering licensed premises except to eat. The judgment also includes a weapons ban, including firearms, ammunition, explosives and sharp knives, except for the preparation or consumption of a meal, and a ban on contact with the plaintiff.

Facts of the crime

At the court hearing on April 23, prosecutor Matthew Kerr informed the court that on February 27, 2024, The Royal Canadian Mounted Police (RCMP) of Barrhead responded to an incident of domestic violence committed at a residence in Barrhead County by a relative of a victim.

When they arrived, they said, they found Custead drunk and sitting at the kitchen table in his bathrobe.

“He had no visible injuries,” Kerr said.

The police also found a woman in the next room lying on the couch and suffering physical injuries.

“[She] She had significant bruising around her left eye and face down to her neck, as well as a cut on her chin,” he said, adding that the victim was taken to hospital for treatment.

Kerr added that in her statement to police, she said the defendant had become physically violent about an hour before her relative called.

“[The victim] reported that Custead had asked her to move some things in the bedroom while she was trying to sleep on the couch,” the Crown said. “When [she] tried to do [that]Custead attacked her.”

Kerr added that the attack also included shoving, punches in the face and grabbing the neck.

Crown position on conviction

Prosecutor Robert Klein said that mitigating circumstances include the fact that Custead has no previous convictions, other than the defendant's guilty plea.

“At his age, that is worth something in terms of respectful submission to the crown,” Klein said.

Another factor in Custead's favour, he added, is that he has recently found meaningful full-time employment and will soon be moving to the Innisfail area.

“[Both are] important factors to ensure that Mr Custead does not end up in court again. “There is also targeted counselling to teach Mr Custead the importance of treating life partners with respect.”

Defensive position

Smith acknowledged that the sentence was at the lower end of possible sentences.

However, he considered that his client's guilty plea should be given considerable weight because it contained aspects that were ripe for trial, particularly with regard to the plaintiff's memory of the event.

“Given her state of intoxication and her memory of the events,” he said, “there would certainly have been problems if it had gone to trial. But Mr Custead made it clear very early in the proceedings by pleading guilty that he did not want his former partner to give evidence.”

Smith added that alcohol was a significant factor in his client's behavior during the incident in question.

“He hasn’t had a drop to drink since the crime,” he said.

Smith added that his client was also leaving the plaintiff the company the couple founded together.

Custead apologized to the court and the plaintiff for his behavior.

“I messed up everyone, including myself,” he said.

Downey said she accepted the motion and acknowledged the defendant's efforts to take responsibility for his actions.

“When there is an assault that involves physical injury, it is very common for people to actually go to jail,” she said.

However, Downey said that a conditional release is similar to a prison sentence, with the difference that it is served in the community.

“Twelve months is quite long for a suspended sentence and six months of house arrest will not be easy for you,” she said.

Barry Kerton, TownandCountryToday.com