Shuniah Resident Charged Following Weapons Call in Thunder Bay
THUNDER BAY — A 23-year-old Shuniah resident faces two Criminal Code charges following a Thunder Bay Police Service investigation into an alleged weapons incident on the city’s north side.
Police say a person suffered minor injuries during the July 12 incident near Howe Street and Cumberland Street North.
The accused was arrested after officers searched the surrounding area and was later released from custody with a future court appearance.
Police Respond to Weapons-Related Call
Officers with the Thunder Bay Police Service Primary Response Unit were dispatched to the area at about 6:30 p.m.
Police located an injured person at the scene. The injuries were described as minor.
Officers searched the area and located a suspect, who was arrested.
As a result of the investigation, Cadence Kakepetum, 23, of Shuniah, has been charged with:
Assault with a weapon.
Failure to comply with a probation order.
Police did not provide further information about the alleged weapon, the circumstances leading to the incident or the relationship between the accused and the complainant.
Understanding the Assault Charge
Assault with a weapon is covered by section 267(a) of the Criminal Code. The provision applies when a person, while committing an assault, carries, uses or threatens to use a weapon or imitation weapon.
The offence is hybrid, meaning the Crown may proceed by indictment or summary conviction. If prosecuted by indictment, the maximum sentence is 10 years in prison. When prosecuted summarily, the general maximum is two years less a day in jail, a fine of up to $5,000, or both.
There is no mandatory minimum sentence under this section. The sentence imposed following a conviction can range from a non-custodial penalty to imprisonment, depending on factors including how the alleged weapon was used, the injuries caused, the accused’s criminal record and other aggravating or mitigating circumstances.
Failure to Comply With Probation
Section 733.1 of the Criminal Code makes it an offence for a person bound by a probation order to fail or refuse to follow that order without a reasonable excuse.
This is also a hybrid offence. The maximum sentence is four years in prison when the Crown proceeds by indictment. A summary conviction carries a general maximum of two years less a day in jail, a fine of up to $5,000, or both.
Sentencing can range from probation or other community-based sanctions to custody, depending on the condition allegedly breached, the circumstances of the offence, the person’s record and whether there have been previous breaches.
Accused Released From Custody
Kakepetum was released following a first court appearance and is scheduled to return to court at a later date.
The charges have not been tested in court.
The accused is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
