A Yellowknife man who seriously injured another man at a territorial park last summer appeared in NWT territorial court for a sentencing hearing Monday.
Brandon Baxandall, 25, previously pleaded not guilty to two charges – assault and assault causing bodily harm – stemming from a physical altercation that took place at Fred Henne Territorial Park in July 2017.
Baxandall's pleas prompted a trial, resulting in him being found not guilty of assault. He was, however, found guilty of assault causing bodily harm – a conviction he was to be sentenced for on Monday by Chief judge Christine Gagnon.
On July 12, 2017, the court heard Baxandall assaulted a man at the territorial park, knocking him unconscious and leaving the victim with significant injuries.
The victim was medevaced to an Edmonton hospital where he received treatment for a fractured jaw. The man's jaw was wired shut for 10 days and he could only eat soft foods for weeks.
In his submissions for sentencing, Baxandall's lawyer, Tu Pham, reminded the court that his client was not the aggressor in the situation that turned violent, and that Baxandall still maintains he acted in self-defence.
Along with the assault causing bodily harm conviction, Baxandall faced sentencing for two other convictions.
In May of 2017, he was charged with driving with a disqualified licence. Months later, he earned another charge after breaking his curfew during the assault at Fred Henne territorial park. Baxandall pleaded guilty to both charges.
Pham asked for an 18-month driving ban, along with a sentence of time already served – Baxandall was in custody from July 12 to Aug. 25, 2017 – but said a conditional sentence of house arrest would be appropriate if the court decided a stiffer sentence was necessary.
The Crown requested a three-year driving ban, a period of one day in custody for the defendant's curfew breach and 18 months in jail for the assault, plus one year probation.
Citing a need to review submissions, Gagnon adjourned sentencing. Baxandall will learn his fate when he returns to court today.