A picture taken at the time of the incident. (Nigel Maxwell/paNOW)

By Nigel Maxwell

Court

Man charged with attempted murder, sentenced for common assault

May 2, 2024 | 1:00 PM

A lack of evidence and the fact no weapon was ever recovered were among the reasons cited by a Crown Prosecutor when explaining why a man charged at one time with attempted murder, was instead sentenced for common assault.

Quentin Gardiner, 38, appeared Thursday morning at Prince Albert Provincial Court. With credit for time spent in remand, he received a sentence of time served.

In the early morning hours of Dec. 2, 2022, Prince Albert police responded to an assault complaint at a home in the 500 block of Fifth Ave. E.

At the time, there was a social gathering and the victim had been dropped off by a friend to get some drugs. He emerged a short time later and told the driver he needed to go to the hospital, as he was suffering from different injuries including a stab wound.

Crown Prosecutor Keith Amyotte noted the victim’s statement to police left something to be desired and while there were suggestions the victim was assaulted by more than one person, there was no direct evidence linking Gardiner to the stabbing. Amyotte also explained the people who were at the house did not see or hear anything.

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“The actual evidence is very limited,” he said.

When further pressed by Judge Monar Enweani about what Gardiner’s actual involvement was, Amyotte explained he struck the victim once in the abdomen area.

“There’s no indication he used a weapon,” he added.

Thursday’s sentencing represented a joint submission from lawyers and came after months of negotiations. Amyotte mentioned he had spoken to the victim on Wednesday and they had offered their support and endorsement.

Three months after his initial arrest, Gardiner was granted bail with electronic monitoring and his lawyer Patrick McDougall confirmed that while living at Île-à-la-Crosse, Gardiner did not incur any breaches, was employed and had been working with Elders.

“He made good use of his time,” he said. “He’s been on a fairly short leash.”

McDougall also noted there were Gladue factors involved related to intergenerational trauma and family history with residential schools.

“It’s been a complex upbringing,” he suggested.

Accepting the joint submission, Judge Monar Enweani said she did not feel it was contrary to the public interest and while acknowledging it was on the lower end for this type of offence, she also said the evidentiary issues at play, as well as the Gladue factors and how well Gardiner had been doing in the community.

“That really is to your credit,” she said. “That really suggests you can be successful.”

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nigel.maxwell@pattisonmedia.com

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