Daniel Cann's wife is bound over
peace for a year for her part in a melee which followed her husband's conviction in the Supreme Court last July.
Beverley Cann, 41, of South Road, Paget, was charged with using offensive behaviour in a public place and assaulting an officer.
It was alleged that Cann shouted "Who bought you! Who bought you!'' at jurors on July 22 after they found her husband guilty of manslaughter in the death of his ten-month-old daughter Cannice Joann White, and grievous bodily harm with intent to burn.
Cann, who was represented by lawyer Mr. Delroy Duncan, was also accused of assaulting Det. Sgt. Franz Williams in the court's public gallery.
Acting Magistrate the Wor. Paul King yesterday heard that she ran toward the officer following her outburst and grabbed him.
Police prosecutor Insp. Peter Duffy said a struggle ensued and another Police officer had to pull Cann from the courtroom.
These actions sparked reaction from Daniel Cann -- who was later sentenced to eight years in prison -- and resulted in a melee outside the court building, Insp. Duffy said.
Cann, who had no previous convictions, was later arrested and charged with assaulting a Police officer. But she maintained a not guilty plea.
Yesterday, Mr. Duncan made it clear that his client was not changing her plea.
He asked Mr. King to invoke section 64 of the Criminal Code which he noted does not convict a person, but stipulates that they stay out of trouble for a period of time.
He also said he had apologised, on instruction, to the court on behalf of Cann and her family.
And, he added, Cann had apologised to Puisne Judge the Hon. Mrs. Justice Wade who accepted the apology.
"While not passing judgment on what happened nor condoning what had happened, the court understood what took place at that time,'' Mr. Duncan said.
"It was an aberration. ...This was a one-off thing. Mrs. Cann wants to get this behind her.'' Insp. Duffy confirmed that Mrs. Wade accepted Cann's apology and he noted the circumstances of the situation.
"It is a matter of emotion overruling common sense and hopefully it will not happen again,'' he told Mr. King.
"I've heard Insp. Duffy and Mr. Duncan,'' Mr. King told a subdued Cann, "coupled with the fact that you have no previous convictions and given that the prosecution supports this recommendation, in respect of both counts I will invoke section 64 of the Criminal Code.'' Mr. King stressed that there would be no record of guilt, but he told Cann he was binding her over to keep the peace for a year.
And he reminded her that if she committed any offence within that year, the offence and both the offensive behaviour and assault charges would be recorded.
Should that occur, Cann -- who was originally on $500 bail for the two counts -- would also have to forfeit $250.