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House arrest for man who hit woman with electrical cord

'Stay out of court and stay out of the behaviour that got you here,' judge tells 27-year-old local construction worker, who also pushed a dresser on top of the victim
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Sault Ste. Marie Courthouse file photo.

A local construction worker will spend three months under house arrest for a March 5 attack on his partner.

Tyler Hurst struck the woman with an electrical cord then pushed a dresser on top of her, a judge heard Monday.

The 27-year-old, who has no prior criminal record, pleaded guilty to assault.

Prosecutor Adrianna Mucciarelli and the accused's lawyer Ken Walker jointly recommended the court impose a conditional sentence, which will be served in the community.

The lawyers described the facts of the assault as aggravating.

Hurst's guilty plea and lack of record are mitigating factors.

Walker said his client works in construction and "this is his first time before the court."

Ontario Court Justice John Condon said he found it troubling what Hurst had done to his domestic partner.

He was trying to injure someone he purports to have affection for, the judge said, questioning Hurst's actions.

Noting this had occurred in March, Condon said he thought "I might have heard some steps" have been taken regarding counselling and anger management.

"I thought maybe I would even hear an apology but I hear none of that," he told Hurst.

The judge accepted the lawyers' sentencing submission, calling the man's guilty plea a sign of remorse.

It also means the victim doesn't have to go through the trauma of testifying in court.

"Jail is appropriate" even though Hurst has no prior record, Condon said.

Hurst will serve the time under house arrest confined to his home or immediate premises at all times.

He can leave his residence for work, counselling, assessments and treatment or with the prior written approval of his sentence supervisor.

As well, he is permitted to be out on Thursdays from 12 p.m. to 4 p.m. to obtain the necessities of life.

Hurst must not communicate with the victim, except under certain circumstances that are spelled out in the court's conditional sentence order, and must remain 50 metres away from her.

During this time, he can't possess any weapons, drugs or alcohol, and must take any recommended domestic violence counselling, which must include the Partner Assault Response (PAR) program.

Once he completes his house arrest, he will be on probation for 12 months with similar conditions to protect the woman.

Condon also imposed a 10-year weapons prohibition and ordered him to provide a DNA sample for the national registry.

The judge also gave Hurst a piece of advice. 

"Stay out of court and stay out of the behaviour that got you here."



About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
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