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BARRHEAD - A former Barrhead resident now living in Whitecourt received his second conditional discharge in less than two months.
On April 9, Edward Frank Glenn Smithson, 43, pleaded guilty to assault in Barrhead Court of Justice. Justice Gordon Putnam sentenced him to a conditional 18-month discharge with 20 hours of community service.
The accused maintained his not-guilty plea on a second charge of mischief damage under $5,000.
The guilty plea cut short a trial that began on March 26 but was scheduled to reconvene on April 9 due to the lateness of the day following the Crown's questioning of the complainant, which also included a short video that she had made of the incident.
On Feb. 27, Smithson received a similar 18-month conditional sentence with 40 hours of community service after he pleaded guilty to being unlawfully in a dwelling-house in Barrhead Court of Justice.
Crown Anthony Estephan said that on Aug. 12, 2023, Smithson's daughter picked him up from a residence in the Camp Creek area after his girlfriend requested him to leave.
"While driving [on Highway 33], Smithson asked the complainant to speed up, indicating the speed limit was 100 km/h," he said, adding that the complainant did not speed up because she believed she was in a construction zone. "Smithson then pushed down on the complainant's right leg to get her to drive faster."
Estephan said the complainant then asked Smithson not to touch her but continued to do so, "poking and touching her body on her legs, arms and hair."
He added that Smithson also touched the gear shifter and other driving controls multiple times while the vehicle was in motion, saying the gear selector was ultimately damaged and repaired under the vehicle's warranty.
"During this whole time, the complainant was driving on a highway and asked Mr. Smithson to stop touching her and items in her vehicle numerous times, refusing to do so, responding 'What are you going to do about it?'" Estephan said.
The Crown then read portions of a victim impact statement in which the complainant said that her father had become "increasingly irrational and unpredictable" and needed treatment.
"I am grateful to have emerged physically unharmed from this ordeal; I am troubled by the potential risk he poses to those who encounter him. All I desire for my father is for him to undergo a comprehensive assessment and receive the appropriate treatment," she stated. "I sincerely hope that with the right support and intervention, he can begin to heal and lead a more healthy and stable life."
Crown's position on sentencing
Estephan suggested an 18-month suspended sentence with probation.
Probation conditions include good behaviour, appearing in court when required, notifying his probation officer of any changes in living conditions and employment, and attending any assessments, counselling, or treatment sessions for alcohol and drug abuse, psychiatric and psychological problems, and life skills as directed by the probation officer. Smithson's probation order would also include a no-contact provision with his daughter.
He said while Smithson does not have a criminal record, he noted that he received a conditional discharge, as mentioned above.
"There is an element of denunciation and deterrence needed here, and that sentencing objective is met by this being made a public record and going down on his permanent record as a conviction," he said, adding all the other terms of the Crown's suggested sentence are rehabilitative or the safety of the victim.
Estephan added the Crown recognizes that in terms of assault, it does not come close to being on the high end.
"It is not on the shallow end either," he said. "We are dealing with multiple instances of unwanted touching, and while they did not result in any injuries, the Crown is of the view that is pushing on the victim's leg for her to accelerate and further touching her arms, legs and hair, continuing to do this multiple times despite repeated requests for him to stop while driving on the highway posed a significant danger to the victim and the offender, but others on the road."
Aggravating factors, Estphan said, include the family relationship and the multiple incidents of unwanted touching.
"Every one of those might not be significant, but together, they elevate to the point where a suspended sentence with probation is warranted," he said.
On the mitigation side, Estephan did credit Smithson's guilty plea but qualified it by noting that it wasn't early, coming in the middle of a trial.
Defence
Smithson's lawyer, David Keyes, countered, suggesting that an 18-month conditional discharge with probation and 20 hours of community service was more appropriate.
He also disagreed with Estephan, suggesting his client should be given full credit for his guilty plea, adding it saved the complainant a vigorous, not-necessarily-pleasant cross-examination. On the trial's first day, Keyes estimated his cross-examination would take upward of two hours.
He added that his client opted to plead guilty even though there were many "triable issues" with the Crown's case.
"If I am driving on the highway with my dad, and he presses his hand on my knee to put my foot down on the pedal, I can't imagine reporting it to the police and criminalizing it. If we get into some of these physical contacts, it is silly to call them criminal, " he said. "I'm advocating for a way out of this that doesn't incur a permanent criminal sanction on him ... where he is not branded a criminal for what was a spat between a daughter and father."
Keyes added his client realizes that he was being immature and was acting like an "asshole" and is ashamed of his conduct in this matter.
He added that Smithson, while it did not excuse his behaviour, was under a lot of stress, saying he had just fought with his girlfriend and, at the time, was effectively homeless.
Keyes said his client is now on the right track. He lives in Whitecourt, is looking for work, and is working towards completing his community service with the local food bank.
Putnam said he gave the guilty plea a lot of credence, saving the defendant the unpleasant experience of cross-examination.
"There is enough here to constitute an assault," he said. "It is incredibly fortunate that nothing happened on the highway, but ultimately, although I don't know you, I get the sense from what was presented in court that you understand your behaviour wasn't right and are remorseful ... In June, you will be 43. You've been on earth a long time and managed to get through most of your life without anything significant that would bring you before the courts until recently, and it makes me wonder how it happened, and I'm going to give you one last chance."
