Accused pleaded guilty to assault causing bodily harm in relation to his two sons aged 8 and 13. The accused beat the boys with an electrical cord (causing injuries to their arms). The younger boy was beaten to punish him for stealing money at school, while the older boy for “not looking after his little brother.” Crown sought jail.
Held: Absolute discharge.
Intervention by Child Services resulted in group and individual therapy. Child Services had concluded that “the family had reintegrated in a healthy way.” The risk of re-offending was “virtually non-existent.” Discharge appropriate given the obvious deterrent effect that the “out-of-court integrated social services” had which came to the assistance of the accused and his family long before the court became involved.
J. Ouellette – Defence Counsel