A man who held a 14-inch dagger to his father's throat during a scuffle will spend another 34 days in jail after he was found guilty of assault with a weapon.
Joshua Leo Peter Bambush, 23, was found guilty of the charge and also pleaded guilty to mischief and breaching his bail conditions and was handed a 60-day sentence.
Police were called to his father's apartment in the Rivercrest complex on Feb. 5 this year. Bambush's father testified his son was staying with him that night, because he had a court appearance the next morning and he wanted to make sure he attended.
His father had posted bail for Bambush so he was eager to make sure he attended court.
The pair went to watch the Super Bowl together, but came home separately and Bambush returned to the home around 9:30 p.m.
When Bambush came home he swiftly got into an argument with his father, who wanted him to go to bed, both because of the court appearance and because he wanted the apartment quiet so he could sleep.
The argument quickly became physical, with Bambush first throwing a chip bowl across the room and then pushing his father.
At some point during the incident, Bambush grabbed the dagger from among a collection and held it to his father's throat.
When he took the stand in his own defence, Bambush claimed he grabbed the dagger after his father pinned him on the ground and used it only to make his father get off of him.
The defence also suggested Bambush's father had hit him before and that he was reacting with a reasonable apprehension that he was about to be hurt.
Bambush's father and his father's girlfriend both testified that his father had not hit him.
After the incident in the living room, Bambush left the apartment, but another scuffle broke out as his father walked him out of the building.
Bambush's father testified this was the only time he got physical with his son. He said he grabbed his son by the neck and held him against the wall, before throwing him out the door.
Once outside, Bambush shattered the glass door after repeatedly slamming the hilt of the knife into it.
When officers arrived, Bambush had fled the scene. Two officers interviewed Bambush's father and other witnesses, while two others went looking for him.
Bambush later called his father and said he was at the Cineplex Odeon cinema at 137 Avenue, which was relayed to the police who went there to arrest him.
When they arrived Bambush initially gave them a false name, but under some basic questions he relented and gave them his real name.
According to both officers who were present, Bambush pulled the knife out of his jacket pocket, and threw it to the ground.
"My name is Josh Bambush, I held this knife to my dad's throat because I am sick and tired of him hitting me," one officer said Bambush exclaimed.
Intent
Bambush's lawyer George Isshak argued his client had only wanted to get away from his father and had no intention to hurt anyone.
"He used the knife for only a second, a split second. He could have done a lot more damage with that knife."
The dagger was displayed in court and had a heavy metal handle and a double edge.
Cases involving two sides of the same story often hinge on credibility and Crown prosecutor Doug Taylor said Bambush had little.
"The credible witnesses tell a much different story than the accused."
Judge John Maher ultimately agreed with Taylor, saying he had significant problems with Bambush's version of events. Maher said Bambush might believe the incident happened as he described, but believes anger and alcohol clouded his judgment.
"I think his story is totally unreliable."
Bambush admitted to breaking the glass door, as well as breaching his bail conditions.
Maher also sentenced Bambush to a year of probation, during which time he will be required to take anger management and alcohol treatment counselling.
He had been in custody since he was arrested, but used some of his time served on other charges giving him 34 days of the 60-day sentence left to serve.
