Chuck's Case — Assault (youth) — Appeal Granted

Client:  Chuck, Accused
Complainant:  Toronto Police Service
Charge:  Assault (youth)

Background:  Chuck was a youth in trouble. He entered a guilty plea before a Judge in Sudbury. The matter was not serious, but the Judge was concerned about Chuck's unstable family environment. To give Chuck structure in his life, the Judge sentenced him to one year in custody. Chuck's lawyer in Sudbury asked me to argue the appeal. The 13-year-old young offender appealed a disposition of one year imposed upon conviction for assault. This was a first offender.

Goals:  Chuck wanted to be released from custody as soon as possible.

Strategy:  At the Court of Appeal, I argued that the one-year sentence was completely disproportionate to the offence.

Results:  The three Judges agreed. The Appeal was granted. The sentence was reduced to time served, which was seven months. Chuck was immediately released from custody.

READ THE TRANSCRIPT OF THE APPEAL