#conditional discharge

Three activists jailed for a protest at a fracking site in Lancashire have been freed on appeal. Simon Blevins, 26, Richard Roberts, 36, and Rich Loizou, 32, had their jail terms replaced with conditional discharges.  The three men were initially convicted of causing a public nuisance after they climbed onto lorries bringing drilling equipment to Cuadrilla’s Preston New Road site last July.

There is no first offender act treatment for any DUI convictions in Georgia. There is no expungement, conditional discharge, withholding of judgement, or diversion. Your record will always show a DUI offense.

https://www.canlii.org/en/ca/scc/doc/2000/2000scc5/2000scc5.html?autocompleteStr=proulx&autocompletePos=1

https://www.canlii.org/en/nl/nlpc/doc/2012/2012canlii41614/2012canlii41614.html?autocompleteStr=r%20v%20dobbin%202012&autocompletePos=1

https://www.canlii.org/en/nl/nlpc/doc/2015/2015canlii13907/2015canlii13907.html?resultIndex=3

The accused was 20 years old and was charged with possession of cocaine under the CDSA and breach of an undertaking (145(3)). He failed to report to the police on one day as required.

The Crown proceeded by summary conviction.

At issue here is whether imposing conditions that are mandatory for a probation order under the YCJA, while sentencing a youth to a conditional discharge, is consistent with s.42(11) which directs that probation may not be ordered when granting a conditional discharge.

“25 I have concluded, that while there appear to be no specific limits upon the discretionary conditions that I may impose on the granting of a conditional discharge, it would be inconsistent generally with the intent expressed in the YCJA to reduce reliance on custody for nonviolent offences and reduce the incidence of prosecution for minor administrative or "system" offences to impose those conditions which are mandatory to a probation order. 

Essex Councilor Avoids Criminal Record @EssexON

Randy Voakes. By Ian Shalapata (ESSEX, ON) – Essex town councilor, Randy Voakes, pleaded guilty on Thursday to assault with a weapon after holding a knife to his wife’s throat. Voakes, 56, denied in court that he had threatened his wife with the knife, although he was in possession of it at the time of an argument with her. He pleaded guilty to assault with a weapon, but was given a conditional…

Canada News

Conditional discharge for youth who pleaded guilty in Halifax child porn case

A young man who pleaded guilty in a prominent child pornography case in Halifax has been given a conditional discharge and will be registered in the national DNA databank. The man, now 20, pleaded guilty in September to one count of making child pornography involving a teenage girl whose case generated national headlines before a statutory publication ban shielded her identity earlier this year; the man also cannot be identified because he was 17 when he committed the offence. At his September hearing before youth court, the Crown read an agreed statement of facts into the court record that said he took a picture of a male youth having sex with the girl in the fall of 2011 while she was vomiting. The Crown said the girl—who was 15 at the time—was unaware that the picture was being taken and did not give consent to it. She died last year at 17 after she was taken off life-support following a suicide attempt. Before the sentence was delivered, her parents gave victim impact statements Thursday saying she was "ruined" after the sexually explicit picture was taken and distributed.

That photo ruined her life. She was never the same again. … I had to watch my promising, intelligent, full-of-life child turn into an empty ghost, her dreams turn to anger, her laughter turn to anger and cries. This is not the way this had to end.