Aggravated Assault; Assault Bodily Harm; Choking; Forcible Confinement; Theft of Motor Vehicle


Probation with reasonable conditions

Case Details

One night on Christmas eve, Mahina visited his mother and father for the holidays. After drinking a large amount of alcohol, the client became very emotional thinking about the times his father had abused him. The accused and his brother then beat up his father very badly to the point that the police nearly charged them with attempted murder.

After the attack, the family wished to reconcile and put the event behind them. It turned out after examining the evidence more closely that the assault was not as bad as the police had initially reported.

Over several months lawyer for the brother and David Anber pushed for a withdrawal or lenient sentence. The Crown would not budge and wanted several years in jail. After several rounds of negotiations the Crown agreed to seek probation on very strict terms.

Mr. Anber sought a more lenient probation.

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