Jail for beating, stabbing?

by · Castanet
Police tape blocks off the sidewalk in downtown Westbank where a woman was beaten and stabbed on Dec. 2, 2021.Photo: Cindy White

The Crown is seeking a jail sentence of up to two years for a man who beat and stabbed a woman on a West Kelowna sidewalk in broad daylight back in 2021. But his lawyer argued that he should avoid jail time all together.

Danny Leo Blanchard, now 27, was arrested back on Dec. 2, 2021 shortly after a woman was beaten and stabbed in downtown Westbank at about 3:20 p.m., according to police at the time.

Blanchard ran from the scene, but he was cornered by officers at a property near Main Street and Paynter Road where he was arrested. He was charged with aggravated assault, assault with a weapon and assault causing bodily harm.

Blanchard was released on bail a short time later.

He pleaded guilty to the aggravated assault charge back on Nov. 21, 2022, but his sentencing hearing didn't wrap up until Thursday morning, nearly two years after his guilty plea.

While Crown prosecutor Jordan Schroeder is asking Judge Lisa Wyatt to hand down a jail sentence of up to two years for the attack, Blanchard's defence counsel David Phillips asked for a conditional sentence instead.

This would see Blanchard serve a two-year sentence in the community, under house-arrest conditions, followed by a period of less restrictive conditions on probation.

With the sentencing positions of defence and Crown very far apart, Judge Wyatt reserved her decision to a later date.

Years of drug abuse

During his submissions Thursday, Phillips noted that Blanchard had been using drugs for many years leading up to the assault.

“This polysubstance abuse obviously was of a very, very great impact on his life,” Phillips said. “He started hanging out with individuals, associates that were just not very pro-social for this individual. At the time of the incident, this was very much out of character for this individual.”

While details around the assault were not disclosed during Thursday's sentencing hearing, Judge Wyatt noted the victim had been a friend of Blanchard. But Phillips said Blanchard has not contacted the victim since his arrest.

“I appreciate in the presentence report that the complainant, from this experience, has fear, and Mr. Blanchard is very remorseful for that,” Phillips said. “He has a sense of awareness of the impact that this occurrence had on people.”

Phillips also said Blanchard has undergone extensive counselling and therapy over the nearly three years since he attacked the woman. Phillips said Blanchard has gotten sober and turned his life around since his arrest.

“This is still a relatively young man at 27 who has shown great insight into a horrible decision he made, unfortunately under the spectre of intoxication, polysubstance abuse that has occurred for many, many years,” Phillips said.

At one point during Phillips' submissions, Judge Wyatt interjected to say her fundamental considerations in a case involving violence with a weapon is deterrence and denunciation.

“Especially where we have a victim who was so significantly traumatized by the attack by your client,” she said.

Blanchard told Judge Wyatt that the Dec. 2, 2021 incident “changed [his] whole life,” and he's “become a better person” since then.

Judge Wyatt said she plans to deliver her sentence by January at the latest.