Client is charged with assault relating to domestic incident for allegedly striking complainant in face and briefly choking her afterwards. Client immediately breaches bail conditions not to contact complainant or to go near complainant. Ongoing bail breaching continues for over three months after initial allegation. Client arrested and charged  with two counts of breaching bail, re-released on $1,000 deposit. Matter is set for trial. Client breaches a few months later by failing to report to bail supervisor, doesn’t notify lawyer and conducts bail hearing without counsel. Client is re-released on surety bail. Client breaches one more time a few months later for violating no-contact order and is re-released on less strict bail with only a $500 deposit, this time with assistance from Georges Prat Law.

Complainant’s role in initial assault is highlighted to Crown, as well as acquiescence and initial encouragement of client breaching. Discussions are ongoing as the matter gets closer and closer to trial. Crown eventually softens position and is persuaded to agree to plea of single count of assault and single count of breach of undertaking with a conditional discharge and 12 months probation. Matter is presented as joint submission to sentencing judge, who accepts joint submission. CONDITIONAL DISCHARGE and NO CRIMINAL RECORD.

 

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