BY KEITH LACEY
A man now convicted a second time for being unable to control his temper towards a former girlfriend was sentenced to six months in jail Tuesday.
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Justice Michael Meehan of the Ontario Superior Court of Justice sentenced Marshall McCracken, 25, to six months on top of 46 days McCracken has already spent in custody since Meehan found him guilty of criminal harassment following a recent trial.
Besides the jail term, Meehan placed McCracken on probation for three years and ordered him to stay away from the woman during that entire time and ensure arrangements to see their one child are made through a third party.
McCracken was also prohibited from owning or possessing any prohibited weapon or firearm for 10 years.
A local construction company has promised work for McCracken when it arises and Meehan agreed to recommend he be released for employment purposes should work be offered during his incarceration.
Meehan said he had no doubt McCracken had been criminally harassing the woman over a long period of time and was on a court order to stay away from her when he harassed her this time.
Court heard McCracken was sentenced in September of 1998 to a six-month conditional sentence for assault against the same woman.
They tried to reconcile, things didnÂ?t work out and McCracken was charged with threatening and harassing the woman over an extended period of time.
During the trial, an audiotape of one call made by McCracken to the woman was played and it Â?dripped with malice and hateÂ?, said Meehan.
At trial, McCracken denied harassing the woman and a pre-sentence report clearly indicates the accused still continues to blame the woman for getting him in trouble and he has refused to accept responsibility for his actions, said Meehan.
OntarioÂ?s highest court and the Supreme Court of Canada have made it clear that criminal harassment is a charge that must be taken extremely seriously, said Meehan.
ItÂ?s obvious in this case that the victim rightfully had concern for her safety and the harassment was committed regularly, said Meehan.
The court does acknowledge that McCracken comes from a good family, has a long and impressive work history and has no other criminal record with the exception of the 1998 conviction against the same woman, said Meehan.
Several reference letters and oral testimony from two family friends in court Tuesday were also considered by the court, said Meehan.
Before sentence was imposed, McCracken told the court he was sorry for his actions.
