Diversion Program the Solution in Assault Case: Kyle’s Case

CHARGES:

Assault contrary to section 266 of the Criminal Code of Canada

BACKGROUND: In a residence building on a post-secondary school campus, a young woman reported that an intoxicated young male unexpectedly knocked on her door and forced himself into her room. She said that she tried to stop him from entering before being pushed by the male and punched in the face. My client, Kyle, was arrested and charged for assault as it was believed he was the man who entered the residence room.

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GOALS: As Kyle was a student and a very young man, I did not want him to be burdened with a criminal record. Kyle understood that he had made a mistake, and so I sought out different options that would allow him to avoid both a criminal record and spending time in a facility.

STRATEGY: I wanted to have Kyle enter into a diversion program rather than be convicted of a criminal offence. I worked with the Crown and the diversion office at the Ottawa Court House to try and make this happen.

RESULTS: Kyle was instructed to complete 35 hours of community service and to submit a letter of reflection. Kyle successfully completed his direct accountability program. He volunteered for more than the required hours at a Church that gives out meals to the homeless. Kyle enjoyed his time volunteering and learned a lot from the experience. After completion of the program, his charges were withdrawn. He has no criminal record and the fingerprints and booking images taken by the Police have been destroyed.

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