A 22-year-old man charged with assault and mischief, along with a pair of breaches of bail conditions, will serve 45 days in jail on weekends over a drunken fight in September last year.
The court heard in a sentencing hearing Monday morning that police responded to a fight between Chance Marko and James Stewart and found a smashed car window on Sept. 2 last year. An intoxicated Marko was arrested at the scene and charged with mischief for the window and assault for the fight.
Defence lawyer Bob Maxwell told the court Marko had grown up in the child welfare system, going through 32 different homes in his youth.
“Talk about a bad background. He’s had it, through no fault of his own,” Maxwell said. “He’s been in jail — in and out of jail — since he was 13.”
Defence lawyer Bob Maxwell told the court Marko’s girlfriend had recently returned from a trip to Cuba, and told him that while on the trip she had slept with six other men, and Marko had been upset and drinking the day of the assault.
“He’d been drinking Bacardi white rum. It was a 26 (ounce bottle), he said he drank most of it,” Maxwell said.
Since the incident, Maxwell said Marko now has enrolled in adult education and is starting regular work.
“You know me. I’ve met you multiple times,” Marko said. “I have a very, very good opportunity with a very, very good company and I really want to be there tomorrow.”
Maxwell also took the moment to take aim at Crown counsel, noting he had four clients up for sentencing dispositions Monday morning with no Crown lawyer offering up a sentencing position ahead of time.
“You know what I’ve got on all these files for today? Nothing, other than, on Chance’s files, indicated sentencing position: Jail, yes or no? Tick, yes. That’s it. No numbers,” he said.
“I’m going to say there should be no numbers, and tick is the number for today.”
Crown suggested 30 days for the assault and mischief and an additional 30 days for the breaches of the bail conditions.
Judge Gale Sinclair sentenced Marko to 30 days in jail for the assault and mischief, with another 15 days for a pair of bail breaches.