(CMR) Tiffany Conolly was sentenced to 6 months imprisonment suspended for a period of two years on Tuesday morning after several delays in the sentencing process.
There were conditions attached that must be complied with after the court expressed concerns about her previous non-compliance.
The magistrate handed down six months for the criminal damage offenses and 3 months for the common assault convictions. For the charges relating to her behavior at the Detention Center, she received a community order.
She was ordered to pay $2,260.00 in compensation for the property damage by November 30, 2024, with a 3-month jail sentence for non-compliance.
Additionally, she must adhere to several conditions, including mental health treatment, attend and complete the female anger management program. She must also attend with mental health practitioners and follow up and follow recommendations from Dr. Edwards. She is also subjected to routine drug testing.
When she appeared in court earlier this month, sentencing was postponed as the defense requested additional time to get her medical records. Magistrate McFarlane said she did not want the matter to continue over into 2024 and that she had contacted the hospital herself to make inquiries about the medical records.
In the Tuesday morning hearing, the prosecution argued that the common assault was a Category 2 offense and that a compensation order would have to be made for the property damage to vehicles.
The crown prosecutor also shared that the ex-boyfriend did not cooperate with the police or prosecution, but his father did. However, the aggravating features included the fact that the offenses took place at the family home in the presence of others. The location and timing were considered aggravating factors.
An area of focus for the judge was Conolly's lack of compliance with previous court orders over the years. She asked both the prosecution and the defense attorney what their position was in relation to the defendant's apparent attitude towards probation orders.
“It is a matter of concern for me that you were found guilty of virtually identical offenses a few years ago.”
Magistrate McFarlane went on to note that “the opportunity extended to you by the court provided that you comply with the terms of the 18-month probation order. She went on to note that mental health concerns cannot be an excuse for her behavior. She noted that this “was a pretty serious incident, and in my own view, it was unprovoked.”
Conolly had previously been before the court and was ordered to attend the mental health unit, and follow-up with mental health support was required. Magistrate McFarlane noted that the records obtained reflected that she didn't attend appointments set for her.
She noted that “Dr. McGill's notes indicate she was ordered to take medication over the years and refused to comply.” Her attorney argued that she wanted to try all other options before taking medication.
Responding to the query of non-compliance with her pre-existing probation orders, her lawyer took a break and spoke with Conolly. Upon his return, he noted that she was obtaining mental health services outside of the order, including online counseling.
She now accepts that “talk therapy” alone would not be sufficient. The social inquiry report noted that she's at medium risk of reoffending, but her history supports that without professional help, she is at high risk of reoffending.
In relation to the compensation order, her attorney consulted with Conolly's mother after it was shared that she is unemployed and makes minimal money from her jewelry business. She agreed that she could pay $200 per month over the course of a year.
Conolly was found guilty of 6 offenses, including two counts of common assault for assaulting her ex-boyfriend and his father, two counts of property damage for damaging two vehicles belonging to the family, disorderly conduct at a police station, and assaulting a police officer.
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