THUNDER BAY - A Webequie First Nation man was sentenced on Tuesday to two years less a day for a violent assault where he stomped on another man’s head so hard he broke his jaw and left his head severely swollen.
Court heard Joshua Ryan Whitehead, 37, and the complainant were consuming alcohol all night on September 16, 2017, and ended up getting into a physical fight in the basement bedroom of a Picton Avenue residence.
The complainant was knocked over to the ground where the accused stomped on the victim’s head approximately five times, Crown counsel Blair Hagan said at Whitehead’s sentencing hearing on Tuesday, July 28.
Some of the complainant’s injuries included a dislocated jaw, fractures to his orbital bone, sinus and nasal bone, court heard. It was also noted the victim had loose teeth, according to a medical report provided to the court.
Whitehead was arrested on scene and charged with aggravated assault. He previously pleaded guilty to the offence in November 2019.
Whitehead also pleaded guilty to two counts of assault against his common-law partner and for uttering verbal threats to cause harm against a fellow inmate while in custody at the Thunder Bay Correctional Centre.
A joint submission was presented by Whitehead’s counsel, David Pierce and Crown counsel which was endorsed by Judge David Gibson.
Whitehead received a global sentence of two years less a day for the offences. He will also be placed on a lengthy probation term for a period of three years.
Gibson also granted Whitehead time he has already served in pre-sentence custody. He has 417 days left to serve in custody.
He is also prohibited from possessing any weapons for ten years.
