Breach of Conditions of Release


Absolute Discharge

Case Details

As you may have have read in P.F.’s Case #1, this client of Mr. Anber’s had been charged in Toronto with charges that were ultimately withdrawn. However, while he was dealing with those charges, he was under strict conditions not to be out of the house at certain hours without his mother.

One day, P.F. met up some friends alone which was a breach of his conditions. The group of friends was involved in a number of robberies and attempted robberies.

Mr. Anber defended P.F. at trial (which took 7 days) and ultimately argued successfully to the judge that he should be found not guilty of all the substantive offences.

Nevertheless he was still going to be found guilty of breaching his condition from Toronto.

When deciding what the appropriate sentence should be, the judge listened carefully to Mr. Anber’s argument that P.F. had been on very strict conditions while awaiting the conclusion of the Ottawa charges. It took nearly 2 years for these charges to be concluded and the conditions lifted. For 2 years P.F. followed his conditions which, for the most part, involved house arrest.

Taking that into consideration the trial judge agreed with Mr. Anber that significant leniency could be given.

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