Two charged after Thunder Bay north-end assault investigation

THUNDER BAY — Two Thunder Bay residents are facing multiple charges after police responded to a report of an injured person at a home on Huron Avenue in the city’s north end. Thunder Bay Police Service says the man who was found at the scene was taken to hospital for treatment.

Primary Response Unit investigation leads to arrests

Thunder Bay Police Service says officers with the Primary Response Unit were dispatched on March 28 to a home on Huron Avenue after a call about an injured individual. After the investigation, police charged Margaret Diabo, 28, and Jayden Lachinette, 25, both of Thunder Bay, with two counts each of assault with a weapon and two counts each of forcible confinement.

Police also allege Lachinette breached prior court-ordered conditions and has been charged with failure to comply with an undertaking and failure to comply with a release order. Both accused were remanded into custody following their first court appearance.

All charges remain allegations that have not been proven in court. Both accused are presumed innocent unless proven guilty in a court of law.

What the charges mean under the Criminal Code

Assault with a weapon is typically laid under section 267(a) of the Criminal Code. That section covers assaults in which a person carries, uses or threatens to use a weapon or imitation weapon. It is a hybrid offence, meaning the Crown can proceed either by indictment or by summary conviction. If prosecuted by indictment, the maximum sentence is 10 years in prison.

Forcible confinement is set out in section 279(2) of the Criminal Code. It applies where a person, without lawful authority, confines, imprisons or forcibly seizes another person. It is also a hybrid offence. If the Crown proceeds by indictment, the maximum sentence is 10 years.

The additional counts against Lachinette fall under section 145 of the Criminal Code. Section 145(4) deals with failing to comply with a condition of an undertaking, while section 145(5) deals with failing to comply with a condition of a release order. Each can proceed by indictment, with a maximum sentence of two years, or by summary conviction.

Sentencing context

If there are convictions, sentencing would depend on factors including the seriousness of the injuries, the circumstances of the alleged confinement, any prior criminal record and whether the Crown elects to proceed summarily or by indictment.

There are no mandatory minimum penalties listed in these sections, so judges retain discretion within the available sentencing range set by Parliament.