Man Receives Nine Month Suspended Sentence For Assaulting Former Girlfriend

Screaming at his former domestic partner for failing to wake him up on time for work and then moving the argument outside where he grabbed her earned a Moose Jaw man a 9 (nine) month suspended sentence.

Cody Welscher appeared before Judge Daryl Rayner in Moose Jaw Provincial Court on Monday morning facing a charge of common assault, failing to attend court and failing to attend to be photographed and fingerprinted when required to do so.

Representing himself Welsher said he was prepared to plead guilty to the assault charge.

“Me and the Crown have spoken on this,” he said.

Crown Prosecutor Rob Parker said the matter had been set for trial on August 29th but the accused had failed to attend court.

Parker read from the victim's statement to the police laying out the details of the case which took place at 7:15 on August 14, 2020.

“The argument started because it was my fault he slept in,” Parker read, adding to get away from the yelling the victim had ran outside.

“He grabbed me and took me into the house and continued to yell at me,” Parker said continuing to read the victim's statement to the police.

Parker then said given the circumstances of the case a nine (9) month conditional sentence and probation was appropriate.

“I’m not minimizing the importance of intimate partner violence but this is on the low end,” he said.

For his part Welscher disputed the facts of the case stating he had not assaulted his former girlfriend but was just trying to help her after she was hurt on her own.

“She had rolled her ankle and fell on the front lawn,” he said, adding “it was more of a medical thing than anything else. I was rendering aid and nothing else.”

The explanation got a question from the Judge.

“So it is your argument she tripped and you took her back into the house?” Judge Rayner asked.

About the nine (9) month conditional sentence with probation Welsher told the Court “I'm willing to work with that.”

He also told the Court he was a seasonal worker and no longer in any type of a relationship with the victim and as such had no contact of any sort.

“I live with my mother.”

Judge Rayner said one of his major concerns was Welscher not showing up for his August 29, 2022 trial and wasting the Court's resources.

“One of the biggest things I have here is you did not appear for the trial.”

Welscher replied he had skipped the trial because “I got busy as I was working” for the reason why he skipped the trial.

The reply did not impress Judge Rayner.

“That’s not an excuse because as you can see we are also working and very busy here,” the Judge replied.

Despite Welscher saying showing up for work was more important than the trial he the accused had asked for by originally pleading guilty Judge Rayner said he would honour the sentence the Crown and Welscher had agreed to.

“Domestic abuse is something the Court always looks at seriously,” Judge Rayner said, adding he agreed with the joint submission because there was “no information the victim suffered seriously.”

Judge Rayner then handed Welscher a nine month conditional sentence which included not contacting the victim. Stay at least five meters away from her and not being within 50 meters of her place of residence, work or study. He must also keep the peace and abide by any conditions or programs his probation officer might see as useful.

Judge Rayner waived the Victims Surcharge because Welscher is at the present time laid off from his seasonal job.

The two charges for failure to appear in court for the August trial as well as failure to appear for fingerprinting and photographed by the police were withdrawn.

If Welscher follows the terms of the nine month probation he will not receive a criminal record for the incident.