Man guilty of assault with plastic gun

Jason Corbiere assaulted and injured a woman with a replica firearm, a judge heard Thursday.

The attack took place at an Albert Street East residence on Dec. 22, but she declined police assistance when officers arrived at the apartment.

Corbiere pleaded guilty to assault with a weapon and possession of a firearm while prohibited when he appeared in a Sault Ste. Marie courtroom.

The 43-year-old also was convicted of theft for a July 24 incident where he grabbed a backpack at Walmart, filled it with food items, and took off, prosecutor Marie-Eve Talbot said.

Police were dispatched to the downtown apartment in response to a report that a woman had been assaulted by two men who had guns and knives.

The door appeared to have been kicked in, Ontario Court Justice Heather Mendes heard.

The woman had injuries, including a bleeding laceration over her left eye, the assistant Crown attorney said.

She told officers she had been struck in the face with a handgun, but wasn't co-operative.

Corbiere was arrested with the weapon when an officer spotted a replica, plastic black gun.

The accused, who had consumed crystal meth before the officers' arrival, was taken to Sault Area Hospital, Talbot said.

The Crown and defence lawyer Jessica Belisle jointly recommended that her client be sentenced to one day time served – the equivalent of 180 days – and 12 months of probation. 

Talbot cited his criminal record, which has convictions for violence, including robbery, assault causing bodily harm, and other assaults, as an aggravating factor.

She also pointed to the impact on the victim, who was emotionally distraught and suffered some injuries.

The lack of co-operation from the woman, who failed to provide a statement and medical records, was considered a mitigating factor.

As were Corbiere's guilty pleas and the gap in his criminal record, Talbot said.

Corbiere struggles with addiction, was homeless, and his theft from Walmart was to feed himself, his lawyer said.

There were significant triable issues regarding the domestic violence offence, Belisle told the court.

Her client, who is Indigenous, waived his right to a Gladue report, but there are systemic issues, she said.

Corbiere has been sober since he was taken into custody and has a place to live when released.

When Mendes imposed the sentence, she noted the accused's "quite early" guilty pleas to the December incident, and the problems given the complainant's lack of co-operation.

Corbiere had to be taken to hospital for his consumption of meth, she said, adding there is hope he will not find himself before the court again.

During his year-long probation, he must not harass the complainant, must undergo counselling, and can't go to Walmart.

Mendes also imposed a life-time weapons prohibition.

As well, Corbiere must provide a DNA sample for the national database.