Shaun M.’s Case #1, Cornwall


Charges: Assault Causing Bodily Harm; Breach of Recognizance (Bail) x 2
Result: Conditional Discharge; No Criminal Record

Case Details

Although Shaun M. and his wife had been together for 17 years without any physical incident, one night, after drinking, they got in an argument. The argument got heated and the Client assaulted his wife, punching her in the face numerous times with a closed fist and then jumping on top of her. He had to be pulled off of his wife by his teenaged son.

Obviously the Crown Prosecutor took a tough position on this case, initially seeking a strict term of probation and at times they considered seeking a jail sentence despite the fact that the accused had no prior criminal record of any kind.

Moreover, what was most important to the client was that he held a very high level government job which required a very high level of security clearance. Getting a criminal record would likely jeopardize that job.

After extensive negotiations with the Crown and with a Judicial Pre-Trial Judge, David Anber was able to persuade the Judge that this case called for an individualized sentence which allowed for a conditional discharge despite the serious nature of the assault and despite the breach of his conditions.