Assault

Our client was pursuing a university degree and wanted to work in a “vulnerable sector.” One night, while camping with his wife and their baby, our client and his wife got into an argument, during which he pushed her in the stomach with a closed fist. Against her wishes, fellow campers called the police. Our client was arrested, charged with domestic assault, and released on conditions that he not contact or communicate with his wife.

 

Our client admitted that he committed an assault and he wanted to reunite his family as soon as possible. After less than two months, our client pleaded guilty to assault, adjourned the case for sentencing, had his bail conditions changed so that he could reunite with his wife, and started two programs relating to alcohol and domestic violence. When he completed the programs, the prosecutors agreed that our client should be “discharged” rather than convicted, meaning he would not receive a criminal record.

 

However, our client discovered that he would need another “vulnerable sector check” in order to continue his studies. Outstanding charges, outstanding peace bonds, and absolute or conditional discharges (for one year and three years, respectively) can all appear on a vulnerable sector check, even though they do not appear on a normal criminal record check. After further discussions with the prosecutors, they agreed to strike our client’s guilty plea and impose a one-month peace bond, which would expire before his vulnerable sector check deadline and allow him to continue his studies without interruption.

 

RESULT: Our client’s guilty plea was struck, his charges were withdrawn, and he entered into a one-month peace bond, which meant that his had no criminal record and a clean vulnerable sector check.