Accused pleaded guilty to assault causing bodily harm. While drunk, the accused punched the complainant in the face causing damage to her eye. Accused was a foreign national and faced deportation if convicted.
Held: Conditional discharge granted.
Despite significant aggravating factors (domestic context and fact that complainant’s 8-year old child was present), accused’s “actions were fuelled by alcohol and consisted of a single punch followed by him exiting the residence”. Accused was genuinely remorseful and had taken steps to address alcohol addiction. Positive PSR. Entering a conviction would “trigger the collateral immigration consequences which would result in his deportation…[a] conviction would result in a disproportionate sentence and offend the principles of parity.”
B. Harsanyi– Defence Counsel