A judge had some stern words for a middle-aged man who repeatedly breached probation orders – most of which stemmed from his relationship with a much younger woman.
Marc Halford pleaded guilty to eight counts of violating the orders for offences that occurred between July 8 and Sept. 24 of last year. He also was convicted of assaulting the victim on Sept. 11.
The court heard he violated three probation orders – one of which was a two-year order imposed by Justice Romuald Kwolek in April 2023.
"You should know better," the Ontario Court Justice admonished the accused on Wednesday.
"You are 49. She is youthful and lives at her mother's home."
Halford's orders prohibited him from having any contact with the victim and her mother.
At 2 a.m. on Sept. 11, the young woman called 911 to report Halford was chasing her after showing up at a residence where she was with some friends.
She left when he tried to talk to her. He was swearing and yelling as he followed her and "she thought she was in danger," prosecutor Stuart Woods said.
The operator could hear him yelling in the background.
Halford caught up with the victim, "swung his fist at her, she moved back and he hit her shoulder."
He violated his probation by failing to keep the peace, contacting her and being within 50 metres of her on that day.
Defence lawyer Ken Walker said it's true that his client was with the complainant when he shouldn't have been, but Halford's position is that "he was already in the house and she came there."
Kwolek heard about incidents that occurred on Sept. 22 and Sept. 24 – the first was reported by the woman and the second by her mother.
The victim contacted the cops, told them she was at his house, where they had spent the evening together until an altercation occurred.
"He got angry and threw her phone on the ground," the assistant Crown attorney said, adding that the young woman told police "He gets like this when he's on drugs."
Two days later, her mother reported she had observed extensive communication between them and that they were talking about going to their meeting spot.
Woods called for one-year jail, followed by three years probation with protective conditions for the victim.
"She is youthful which speaks to her vulnerability," he said.
"The court needs to send a strong message," that if he keeps communicating with her "there will be significant consequences."
Halford has a criminal record and was on a number of probation orders at the time of these offences, the Crown said.
"He's done poorly on community supervision and showed complete disregard for court orders."
Walker said his client, who has worked in construction for the last three years, has substance abuse issues.
He stays away from drugs for a while, then "falls off, goes to places for his drugs and she shows up," the defence told Kwolek.
Walker suggested a sentence of time served – the equivalent of 245 days – would be appropriate.
That's "just over eight months" and "is the longest he's ever been in custody and it's been hard on him."
The "message has been sent that custodial sentences aren't breezy," Walker said.
Halford apologized for his actions and poor choices.
"I beg you to have mercy on me," he told Kwolek. "I've learned my lesson."
Noting this isn't the first time Halford has been in his court for offences involving the complainant, the judge said "you promise every time you're never going to do this again."
The sheer number of "almost non-stop" breaches during a short period in September indicate "you didn't learn your lesson," and that's why he's been in custody since then.
"You've indicated remorse every time you came before the court. If you really want to do better do not go where she is."
Kwolek imposed a 10-month sentence and with the credit he received for his pre-sentence custody, Halford faces a further 60 days behind bars.
"Hopefully, you can work on more programs (at the jail)," the judge told him. "Hopefully, you plan well for your release and stay away from her."
Kwolek opted not to impose any more probation orders.
While in custody at the Algoma Treatment and Remand Centre, Halford is prohibited from communicating with the woman or her mother.
He also is banned from possessing weapons for two years, and must provide a DNA sample.