Simon's Case — Criminal Harassment — Sentenced

Client:  Simon M., Accused
Complainant:  Executives with Big Truck Line, Simon's former employer
Charges:  criminal harassment by following (3x); mischief under $5000 (15x)

Background:  Simon found himself unemployed and angry at his ex-employer. He had been fired without cause in a mean-spirited manner. Learning that he had little legal recourse, Simon engineered his own payback, a plan to feed his revenge and have fun. Lying in wait at Tim Horton's, Simon punctured pin-sized holes in the tires of the three executives. These side-wall punctures were neither repairable nor immediately noticeable (the tires would deflate in 24 to 48 hours). Unnerved, his ex-employers hired a private investigator. Simon was caught on video three times. He was arrested on the third occasion, caught red-handed with the awl in his pocket (not Peter's awl).

READ THE POLICE REPORT

Goals:  Simon wanted to beat the charges if possible; if not, he wanted the best possible sentence. He was worried about the impact of a record on his truck driving career. He hoped to avoid a conviction.

Strategy:  The Crown's case was strong, but it was not without problems. There were eighteen charges. The most serious were the three criminal-harassment-by-following charges. They were based on the assumption that Simon had followed the victims home. No one had witnessed Simon follow anyone, so I felt I could beat these charges (the Crown could have strengthened its case by laying three criminal-harassment-by-threatening-conduct charges — a point I could not raise, of course, lest I lose that advantage). We could also beat twelve of the mischief charges, but, for the three mischiefs caught on video, the evidence was overwhelming. All things considered, I wanted to resolve this case. But I had to get the right deal.

Results:  Sensing we were headed for sentencing on something at some point, I had Simon attend for therapy to identify and overcome the "why" of his behaviour. In an early effort to resolve the case, I offered to plea guilty to the three mischief charges. The Crown said "no." They wanted a plea to the criminal harassment. We scheduled the trial. Our chance of winning everything was remote, but I felt we could defeat the harassment charges and most of the mischief charges. On the morning of the trial, all parties were assembled and ready for battle. The complainants weren't in a forgiving mood, but nor did they want a trial. The Crown agreed to my earlier proposal. The Crown wanted a conviction, but agreed that I could ask for a discharge. Simon plead guilty to three counts of mischief and received a conditional discharge, a temporary record which purges itself after 36 months.

READ THE GUILTY PLEA AND ADMITTED FACTS
READ THE SENTENCE BY THE JUDGE
READ SIMON'S TESTIMONIAL