A 20-year-old first-time offender pleaded guilty to assault with a weapon and dangerous driving arising from an incident on the Gardiner Expressway in which he displayed a BB gun at another vehicle, causing the other driver to swerve and nearly collide with other vehicles.
The Crown sought four to six months custody plus ancillary orders.
The defence sought an absolute discharge.
The court granted an absolute discharge on both counts, finding that the offender's momentary lapse in judgment was completely out of character, that he presented a low risk of recidivism, and that the ancillary orders provided sufficient protection for the public interest.