Serge's Case — Choking — Conditional Discharge

Client:  Serge, Accused
Complainant:  Brenda, Serge's Estranged Wife
Charges:  choking, forcible confinement, assault (2x), and assault bodily harm

Background:  Dr. Serge D. and his wife Brenda had four delightful children and a beautiful home. As the years passed, however, the love waned and the anger waxed. On two occasions, Serge assaulted his wife, leaving her with injuries. He was charged with choking, forcible confinement, assault causing bodily harm, and two counts of assault.

READ THE POLICE REPORT

Goals:  Serge wanted to get through the criminal process unscathed and with his career and reputation in tact. He wanted the matter to be resolved as quickly as possible.

Strategy:  There was no hope of getting these charges withdrawn. Serge had to choose between going to trial or negotiating a guilty plea. We identified three major risks in going to trial. First, the likelihood of jail would be much higher if we went to trial. Second, if we lost at trial, both the facts and the sentence could become more serious. That might cause problems with Serge's professional body, the College of Physicians and Surgeons. Third, it would take at least 6 more months to get to trial. This further delay could aggravate the on-going family-law negotiations. Serge opted to negotiate a resolution.

Results:  The Crown and I agreed on the facts. We also agreed that Serge only had to plea guilty to the simple assault charges. We did not agree on the sentence. The Crown wanted a conviction. I wanted to avoid a permanent criminal record. I hoped to obtain a conditional discharge. As you can read in the link below, the Judge was impressed with Serge's efforts. She granted him a conditional discharge.

READ THE SENTENCING TRANSCRIPT

Post-Script:  Serge's conditional discharge was erased from the R.C.M.P.'s criminal records database (C.P.I.C.) on 18 April 2002, three years after his sentencing date.