Jerome's Case — Assault — Conditional Discharge

Client:  Jerome, Accused
Complainant:  Kimberly, Jerome's former spouse
Charges:  Assault (2x)

Background:  Jerome and Kimberly had an unstable relationship. During two of their many arguments, Jerome assaulted Kimberly, causing her injuries. They separated. Jerome was later charged with two counts of assault. Jerome also had family law troubles. Kimberly had left town, had taken their son with her, and was not allowing Jerome any contact with their son.

READ THE POLICE REPORT

Goals:  Jerome wanted the matter to be resolved as quickly as possible.

Strategy:  There was no hope of getting the charges withdrawn. Jerome had to choose between going to trial and negotiating a guilty plea. Jerome did not want to go to trial because we would have to wait too long. His family law lawyer had advised us that it would be difficult for Jerome to get access to his son while waiting for the trial. Jerome was anxious to negotiate a guilty plea. Before meeting with the Crown, however, I had Jerome attend for counselling. The Crown and I later agreed on the facts, but we did not agree on the sentence. The Crown wanted a conviction. I was concerned that a conviction would aggravate the family law proceedings, and I did not want Jerome to receive a permanent criminal record.

Results:  I asked for a conditional discharge. The Judge agreed.

READ THE SENTENCING TRANSCRIPT

Postscript:  Jerome's criminal record was erased from the R.C.M.P.'s criminal records database (C.P.I.C.) on 8 September 2002, three years after the sentence was imposed.