Man gets one year for assault

By Jeremy Appel on September 15, 2018.

jappel@medicinehatnews.com @MHNJeremyAppel

A man with an extensive criminal record pled guilty Friday to physically abusing his ex-girlfriend over a span of five months, receiving a sentence of one year in jail.

Matthew Pearton appeared in person as a prisoner at the Court of Queen’s Bench, where he pled guilty to assault but not guilty to sexual assault.

The sexual assault charge was stayed by the Crown.

According to a joint submission of facts, police were called to the victim’s residence on April 5, 2017, to check on her well-being.

When they arrived, the victim became emotional, telling the police Pearton was regularly pinching and hitting her without provocation.

He also occasionally bit her on her breasts and elsewhere.

Pearton would sometimes hold her down on the ground, which the Crown said is “not an assault, but part of the context.”

Police took pictures of bruises on her arms, breast and legs.

When they were in a relationship, which began in December 2016, the accused became controlling, keeping the victim’s money and deciding when to give it to her, as well as forbidding her from seeing friends.

Although there was no official victim impact statement, the prosecutor spoke on her behalf.

“She continues to be terrified of the accused,” Crown prosecutor Jase Cowan said, adding that she fears for the safety of her young children.

Defence lawyer Marc Crarer said his client suffers from “cognitive difficulties … in the intellectually deficient range.”

He said Pearton has not had “a very positive experience” being born and raised in Medicine Hat.

The accused is currently in a new relationship, which by contrast Crarer called a “really positive” experience.

He has a child with his new girlfriend, who resides with Pearton and his mother in Roblin, Man.

“He’s made up his mind that once he’s released he’ll return to Manitoba,” said Crarer.

Pearton’s substantial criminal record began in 2016, when he was fined for theft under $5,000 and a breach of bail conditions.

Later that year, he was fined for mischief.

Earlier this year, Pearton was found guilty of uttering threats and breaching a no-contact order with the same victim, for which he was sentenced to jail time with probation.

In their joint submission for the assault charge, the Crown and defence requested another year in jail, as well as another year probation.

“This is a true quid pro quo, given the charges the Crown isn’t pursuing,” the prosecutor said, referring to the stayed sexual assault charge.

“The conduct he’s admitted to is serious enough to warrant the sentence proposed,” added Crarer.

Justice William Tilleman agreed with the joint submission, citing the “principles of proportionality.”

Pearton will go to jail for 354 days, due to credit for 11 days time served, and will serve probation for a year after.

He will also be forbidden from communicating with the victim or any witnesses and cannot attend within two blocks of the victim’s home or workplace.

The accused declined comment when asked by the judge if he wanted to address the court.

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