FEB 5, 2010
A man who struggled with his wife on his neighbour's lawn was sentenced to house arrest
By NEIL BOWEN
SARNIA, Ont. -- A Sarnia man who bruised his spouse from head to toe during a cocaine-fuelled evening that ended with the naked couple struggling on a neighbour's lawn was sentenced to house arrest in Sarnia court.
The 40-year-old man had previously pleaded guilty to assault causing bodily harm Oct. 1, 2007, but was also convicted of forcible confinement following a Superior Court trial.
A publication ban imposed to protect the spouse's identity prevents his identification.
The bruises on the woman's face, legs, back and arms were so severe she couldn't look at herself in a mirror, she told the court during a trial last November.
"He went ballistic on me," she said.
At one point during the four-hour confrontation, she hit him with a beer bottle, which left a bleeding gash on his head.
"He suffered very serious injuries," said defence lawyer David Stoesser, who argued the man was defending himself.
Justice John Desotti concluded the woman, who is about seven inches shorter and 25 pounds lighter than her husband, had too many bruises for him to claim self-defence.
The couple admitted using cocaine that evening. He also drank beer, but testified neither substance affected his actions.The confrontation took place in several rooms of their Sarnia home, including the kitchen, where the couple faced each other holding knives. At another point they were in a jacuzzi together.
The confrontation began after the husband exchanged intimate photos of themselves with another couple. The man from the other couple wanted to come to their home.
The woman had become involved in sexual activity with the other man when the couple previously visited the Sarnia pair.
She asked for a divorce, which he rejected, along with her suggestion of an open marriage in which they could date others.
He suggested bringing other couples into the relationship.
The relationship was very rocky in the fall of 2007 because she was involved with other men and incommunicative, the man said during the November trial.
The husband's concern about her infidelity let to the confrontation, said Stoesser. It ended when she bolted naked from the home with her husband chasing her.
The neighbour testified he heard shouting and saw the couple, whom he vaguely knew, on his front lawn. The man had pinned her to the ground.
He told the neighbour everything was fine, but the neighbour called 911.
The woman got loose and darted into the house.
"She was shaking so bad she could hardly breathe," the neighbour testified.
The husband realizes the relationship is now finished, said Stoesser.
