Defence appeal from a 2 year suspended sentence imposed in relation to charges of uttering threats and assault. Accused convicted following trial. Work place incident. Accused’s evidence rejected. Defence unsuccessfully sought a conditional discharge following trial.
Held: Appeal dismissed.
No error of principle. Trial judge found that a discharge would be contrary to the public interest, as there was a “strong public interest in deterring others from committing assaults and uttering threats, particularly in the workplace.” Accused was in a position of trust, as he was the workplace supervisor of the complainant. “Circumstances of an offence where a supervisor assaults or threatens an employee ought to be a matter of public record.”
B. Pannu – Defence Counsel