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A judge has barred a man from two western Newfoundland communities as part of a probation order, saying he worries the man will seriously harm his former intimate partner.
In a written decision, provincial court Judge Wayne Gorman says he recognizes that banishment “has a long and dreadful history in our common law.”
However, Gorman says the man has ignored orders to stay away from the woman, and banishment may be the only way to protect victims of frightening, persistent and obsessive behaviour.
The comments were part of a sentencing decision dated June 12 for a man convicted of seven offences, two of which were against his former intimate partner, whose name is withheld in the document.
The man, identified only as “DM” in Gorman’s decision, pleaded guilty to the offences, which included criminal harassment, uttering threats and two breaches of a release order requiring him to stay away from the woman.
Gorman sentenced the man to 12 months in jail and three years of probation, which includes the condition he not enter two communities unless he has written permission from a probation officer.
It was not the man’s first conviction or sentence for crimes involving his former intimate partner. Gorman says he sentenced the man to nine months last year for an “extremely violent” assault against the woman and breaching orders to stay away from her and her daughters.
“That sentence and the accompanying probation order did not protect [the woman] or her daughters,” Gorman wrote.
“Subsequent court orders have had no effect upon DM’s actions. This persistence is frightening and we need not ignore what our experience tells us as to where this might lead.”
