J. Guile

The defendant was tried on five charges of assault and related offences against his domestic partner.

The charges included assault between January 1-25, 2015, and four counts arising from events on Christmas Eve 2015 (assault, assault with a weapon, weapons dangerous, and threat to cause death).

The defendant entered a guilty plea to one count of assault on December 24-25, 2015.

The court found the defendant guilty of two counts of assault (one in July 2015 and one on December 24, 2015) and acquitted him of the remaining three charges, particularly those involving the alleged use of a knife.

The accused pleaded guilty to assault causing bodily harm and breach of a peace bond.

The Crown sought a 30-day jail sentence followed by two years of probation.

The defence sought a conditional discharge with probation, emphasizing the accused's youth, lack of criminal record, and significant rehabilitative efforts.

The court imposed a conditional discharge with two years of probation, finding that while general deterrence typically militates against discharge in cases of violence, the exceptional circumstances—including the accused's youth, genuine remorse, substantial steps toward rehabilitation addressing underlying addiction and mental health issues, and the disproportionate impact of a conviction on future employment—warranted a discharge as not contrary to the public interest.