Iqaluit woman catches break after lawyers err

An Iqaluit woman who attacked her boyfriend with a kitchen knife received an “exceptional” suspended sentence in court last week because of mistakes by Crown and defence lawyers.

Hope Curley, now 28, cut a deep gash into her boyfriend’s arm when, on the evening of March 27, 2009, he defended himself from a drunken assault.

She pleaded guilty to a charge of aggravated assault. Justice Robert Kilpatrick eventually sentenced her to a three-year term of probation, but not until after lawyers cleared up confusion over the legality of a plea bargain.

Defence lawyer Christian Lyons said that during the negotiations with the Crown over Curley’s plea, lawyers made a deal under which the Crown would recommend a conditional sentence if Curley completes a course of alcohol counseling.

A conditional sentence is a sentence served in the community with conditions, such as a curfew or a house arrest. Legally, it counts as jail time but without going to jail.

Curley had pleaded guilty to a lesser charge of common assault, and the Crown stayed the more serious aggravated assault charge.

Curley completed the alcohol counseling courts and told the court she has been sober for the past four months.

But the lawyers later realized their agreement would violate recent amendments to the Criminal Code of Canada that prohibit conditional sentences for violent crimes, including aggravated assault.

In imposing the three-year probation period, Kilpatrick stated for the record that this sentence is “exceptional” and should not be regarded as a precedent.

Kilpatrick said that if it were not for the mistake in negotiations between and Curley’s cooperation with what she thought was a done deal, he would have sentenced her to “many months” in jail.

Curley has a long list of previous convictions, including a conviction for possession of an offensive weapon.

Kilpatrick explained to Curley that a suspended sentence means that if she breaches the terms of her probation, she can face a full sentence for the original offence.

“I intend to track this sentence for some time,” he warned her.

He instructed the Crown that if Curley breaches her probation, the Crown should give “serious consideration” to to having Curley’s probation revoked – and that he wants to be the judge hearing that case if it happens.

For the next three years, Curley must report to a probation officer and accept whatever counseling the probation officer orders.

She may not carry a firearm and she is not allowed to be around her boyfriend if either he or she is intoxicated. She also has to perform 240 hours of community service work.

An agreed statement of facts read in court said that in a drunken rage, Curley trashed her bathroom and bedroom. She had consumed a 60-ounce bottle and another half bottle of liquor.

Her live-in boyfriend, Jeff Gibson, threatened to call the police.

Curley then took an eight-inch serrated knife from a kitchen drawer and told Gibson that if he called the police, she would make sure they had a good reason for being there.

She stabbed at him twice, overhand, slashing open Gibson’s left forearm, which he used to shield himself.

Gibson’s roommate took him to the Qikiqtani General Hospital, where police were alerted.

Gibson’s wound involved “significant soft tissue damage” deep in the muscle tissue of his arm, said Crown prosecutor Lisa Melucci said.

Gibson’s wound needed 10 stitches and his arm was in a sling for four weeks.