Recent Cases
Client Charged with IPV and Breaches
The Facts:
Client was initially charged with several incidents of assault, including assault by choking, against his intimate partner. While on bail, client was later charged with multiple incidents of breaching his conditions not to have contact with his partner. Client was also charged with uttering threats against a third-party.
Jasmin referred the client to anger-management counselling and obtained several letters of support. Jasmin negotiated an agreement for guilty pleas which involved only one count of simple assault and one count of threats.
The Argument:
Jasmin represented the client at a contested sentencing where the Crown sought a suspended sentence. The client did not have a criminal record and was concerned about the impact on future job prospects and travel. A conditional discharge would not give the client a permanent criminal record, whereas a suspended sentence would. Jasmin argued for a conditional discharge.
The Result:
Client received a conditional discharge with 18-month probation order. The Court noted that the offending involved serious intimate partner violence and that such conduct ought to be denounced. The Court accepted additional facts related to the client breaching his court orders. The Court noted participation in counselling, support of family, and lack of prior criminal record as mitigating factors. While recognizing that a conditional discharge was in the interests of the client, the Court also found that it was not contrary to the interests of the public and that the correct balance was achieved by including a condition for further counselling in the probation order.