A B.C. Supreme Court justice delayed sentencing a woman on serious assault charges Tuesday to better determine whether she is changing her life.
Siobhan McGarry was found guilty in June of aggravated assault, assault with a weapon and uttering threats. Her former common-law boyfriend suffered serious vision loss in one eye after being assaulted with a mop.
McGarry was bound by a court-ordered no-contact order at the time. She was held in custody from February to April, when she was released on bail.
Defence lawyer Don Campbell asked B.C. Supreme Court Justice Hope Hyslop for at least a three-month delay in sentencing so McGarry can better prove she has changed her life.
She’s resided at a Footsteps Recovery Society home in the Lower Mainland since being released on bail.
Campbell said a pre-sentence report did not adequately show her changes since entering recovery.
Under the Criminal Code, a conditional sentence is not available. Campbell said that means McGarry must be given a suspended sentence — extremely unusual for such a serious crime — or jail.
“The overwhelming weight of authority (argues) for jail,” he conceded.
Crown lawyer Will Burrows said he wouldn’t argue against an adjournment in sentencing to better determine McGarry’s progress.
A date will be set in January for McGarry’s sentence hearing on the charges.