Crown appeal from conditional discharge imposed after a jury convicted the accused of assault causing. While drunk, the accused punched the complainant in the face, and then punched and kicked him in the head several times after he was unconscious.

Held: Appeal allowed. 60 days jail plus 2 years probation imposed.

A discharge is only available in the most exceptional circumstances in cases of violence: Teclesenbet, 2009 ABCA 389. There was “nothing exceptional” about the circumstances of the accused. “The offence here was one of serious gratuitous violence, resulting in serious bodily harm. Although impulsive and fueled by alcohol, the severe beating … was vicious and demands denunciation.”

K. Fagan – Defence Counsel