This client was charged with sexual assault, criminal harassment, and flight from police. After significant negotiation with Crown, we were successful in persuading Crown to abandon the sexual assault charge and instead accept pleas to simple assault, criminal harassment, and flight from police. Crown sought a 2-year suspended sentence, which would have resulted in the client getting a criminal record. We ran a contested sentencing hearing and sought a 2-year conditional discharge instead, a sentence that would not result in a criminal record for our client. The sentencing Judge accepted that our client was suffering from significant mental health challenges at the time of the offence, reducing his moral culpability. Ultimately, the sentencing Judge accepted our position, and our client received a 2-year conditional discharge
Outcome: Conditional Discharge, No Criminal Record.
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