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Domestic Violence: Jail Even When Victim Doesn’t Cooperate

A Montrealer who stabbed his ex-spouse was sentenced to three years in prison, even though he refused to cooperate with police and a witness also lacked credibility.

“The prosecution had to contend with several obstacles in this case. The suggestion [de 3 ans] is lenient, but appropriate under the circumstances,” Judge David Simon said at the Montreal courthouse this Monday.

Facing the judge was Mack Borden, a 56-year-old Montrealer who assaulted his ex-spouse last December. At that time he had come to their house to collect his personal belongings after their separation.

But while he was there, his ex-spouse would have arrived with other people. An altercation is said to have ensued, as a result of which Borden stabbed a 17-year-old teenager who was present and then attacked his ex-spouse.

“[La femme] was hospitalized for 8 days,” said Me Geneviève Rondeau-Marchand de la Couronne.

He pleads guilty

Borden was arrested the same day and charged with, among other things, attempted murder.

However, the victims chose not to cooperate with the police, which would undermine the Crown’s evidence.

But even without the plaintiff’s statement, the public prosecutor’s office decided to proceed further.

Because if the Crown is satisfied that a crime has been committed, it can be prosecuted regardless of the victim’s will.

After negotiation sessions with the defense. Borden eventually pleaded guilty to aggravated assault as well as assault. The parties then proposed a prison sentence of 3 years.

After his release from prison, Borden will face a three-year probation.

During this time, he is forbidden to communicate with his ex-spouse, even if the latter appears to wish to reconnect with him.

“That’s reasonable,” said the judge.