Superior Court of Justice building in Windsor.
Nick Brancaccio / Windsor Star
The prosecution and defence argued Monday whether a Harrow man convicted of aggravated assault acted impulsively when he beat a man with a baseball bat four years ago.Lawyers debated the issue of impulse at a sentencing hearing Monday for Michael Baylis, 41, who attacked a man at a Kingsville trailer park in September 2015.The victim, Anthony Elias, sustained significant injuries to his face and head and described the difference in his life post-assault as “night and day,” Crown attorney Renee Puskas said.Defence attorney Shannon Pollock told Superior Court Justice Pamela Hebner that her client committed the assault in an “impulsive act” and did not plan the incident or “lie in wait,” and that the offence didn’t take place in the victim’s home.She referenced her client’s previous substance use and said he has expressed interest in help with rehabilitation.Mitigating factors Pollock suggested include her client’s grief surrounding the loss of his mother nine months prior to the incident, his expressed remorse and his strong family ties and personal relationships. Pollock also maintains that the situation had some elements of self-defence.Justice Hebner previously ruled that she could not determine beyond a reasonable doubt the incident was not self-defence.Puskas disagreed that the crime was not pre-meditated. She said Baylis knocked out Elias at the party and began “gratuitous stomping” on his face and head and then “decided he was going to finish Mr. Elias off in a big way.”Puskas asked, “Where is the element of self-defence to Mr. Elias?” He was already unconscious when Baylis left the room and grabbed a bat.Baylis is also facing sentencing for an assault with a weapon conviction where he cut a man with a beer bottle 10 months after the assault against Elias.Baylis holds an extensive criminal record, with his first offence occurring nearly 25 years ago.The defence noted a gap in violent incidents, excluding the assault charges before the court.The court previously heard that at the drug- and alcohol-fuelled party in September 2015, violence broke out when a self-described “loudmouth,” William Jeffs, may have said something to make Baylis angry.Baylis said he punched Jeffs before he was attacked himself. In defence of his friend, Elias came after Baylis with an ashtray but was also knocked unconscious.Baylis then grabbed a baseball bat and began to swing into Elias’s head.The judge will sentence Baylis April firstname.lastname@example.org