Cases tagged as Conditional Discharge

Cases in 2021

• R. v. M.S.2021

  The client was charged with sexual assault. I reached out to the crown regarding resoltuon and possible re-election. The crown agreed to the re-election and we proceeded with resoltuion discussions. This client woudl have faced a term of jail for a period of two to three years. I was able to negotiate with the crown to re-elect to proceed by summary conviction (versus by indictment), which allowed for the possiblity of a conditional sentence order (no actual jail, but restrictive conditions within the community). The client took the offer and was sentenced to an 18 month conditional sentence order (no actual jail).

  Sexual Assault Conditional Discharge

Cases in 2020

• R. v. D.N.2020

  The client was charged with three separate sets of charges. One charge was for assault, and the remaining two were for failing to appear at court. The client plead guilty to the two counts of failing to appear for court, and the crown agreed to drop the assault charge. The crown prosecutor asked the judge to sentence the client to a fine. I argued that the client should receive a conditional discharge, which would leave the client without a criminal conviction after a certain period of time. The court agreed with my submissions, and the client was granted a conditional discharge.

  Assaults Conditional Discharge

Cases in 2019

• R. v. A.O.2019

  The client was charged with voyeurism. The crown was at first seeking a sentence of jail, but after I spoke with them, they agreed to reduce their sentence submissions to that of a suspended sentence and probation. I conducted extensive research and made submissions to the judge that a conditional discharge would be appropriate. The judge agreed, and my client received a conditional discharge. No conviction was entered.

  Sexual Assault Probation Conditional Discharge

• R. v. K.S.2019

  The client was charged with sexual assault. The client elected to plead guilty. The crown was seeking a lengthy jail sentence. I made arguments for a conditional sentence order, and the court agreed. The client received no jail time.

  Sexual Assault Conditional Discharge

Cases in 2018

• R. v. J.E.2018

  The client was charged with four charges of possession of stolen property, four charges of uttering a forged document and four charges of fraud under $5000.00. I was able to negotiation a joint submission for a conditional discharge for my client, leaving her without a conviction.

  Crime under $5000 Theft Fraud Conditional Discharge

• R. v. R. v. S.V.2018

  The client was charged with possession of stolen property over $5000 (motor vehicle), using a forged document and having no insurance. The client pleaded guilty to the possession charge and the other two counts were withdrawn. The crown initially requested the judge sentence the client to a term of probation which would have left the client with a criminal conviction. I urged the crown to agree to a conditional discharge, which they eventually did. The judge agreed to the conditional discharge, and the client was spared a conviction on their record.

  Theft Fraud Conditional Discharge Crime over $5000

• R. v. N.T.2018

  The client was charged with four counts of trafficking and a further count of possessing body armor. The crown initially sought the client's detention. However, I was able to negotiate the client'’s consent release on conditions.

  Drugs Conditional Discharge

Cases in 2017

• R. v. R.R.2017

  The client was charged with sexual assault and sexual interference. The client plead guilty to the lesser and included offence of simple assault. The sexual interference charge was withdrawn. The client received a three-year conditional discharge with conditions to not contact the complainant, complete 40 hours of community service, and to attend counselling. No conviction.

  Sexual Assault Conditional Discharge Sexual Interference

• R. v. B.F.2017

  The client was charged with assault, forcible confinement and uttering threats. These were very serious allegations that would have had serious consequences without my assistance. In the end, I was able to convince the crown to agree to a short term conditional discharge for the client. No conviction entered.

  Assaults Threats Conditional Discharge

Cases in 2016

• R. v. T.B.2016

  The client was charged with assault causing bodily harm. The matter involved a one-punch assault outside of a nightclub. The client entered a guilty plea. Ms. Karpa put strenuously argued the client should receive a conditional discharge. The crown sought a term of incarceration to be served within the community. The judge agreed with Ms. Karpa and the client received a conditional discharge.

  Assaults Conditional Discharge

• R. v. C.T.2016

  The client was charged with assault. Although the crown was initially opposed to the idea and suggested a conditional discharge instead, they eventually agreed to refer the matter to the Alternative Measures Program. This was a serious matter that would have had detrimental consequences for the client if the client were to have had a conviction or finding of guilt. Instead, after Ms. Karpa successfully negotiated for her client'’s acceptance into the program, the client completed the requirements and the charge was withdrawn.

  Assaults Conditional Discharge

• R. v. H.S.2016

  The client was charged with assault causing bodily harm. The matter involved a fight at a bar. The complainant had a bleeding nose after being punched. The client plead guilty to the lesser and included charge of simple assault and Ms. Karpa successfully argued for a conditional discharge. No conviction entered.

  Assaults Conditional Discharge

• R. v. D.W.2016

  The client was charged with firearms offences. The circumstances were that the client was pulled over by the police for a traffic stop and they police found a loaded restricted handgun in the client's vehicle. Despite the seriousness of the allegation, Ms. Karpa was able to secure a conditional discharge for the client. No conviction entered.

  Weapons Conditional Discharge

• R. v. B.S.2016

  The client was initially charged with sexual assault. Though this was originally an indictable offence, the information was re-laid and Ms. Karpa convinced the crown to re-elect summarily. At that time the client was charged with sexual assault, obtaining for consideration sexual services, and fraud under $5000. He plead guilty to fraud over $5000 and a conditional discharge was granted.

  Sexual Assault Crime under $5000 Fraud Conditional Discharge Prostitution

• R. v. G.H.2016

  The client was charged with the robbery of a convenience store employee. The matter would have garnered a jail sentence of three years'’. Ms. Karpa was able to secure a reduced plea to assault with a weapon and theft under $5000.00 for a conditional discharge. The client did not have to spent any time in jail.

  Weapons Crime under $5000 Conditional Discharge Robbery

• R. v. G.B.2016

  The client was charged with possession of drugs (marijuana) and failing to comply with conditions. The client plead guilty to failing to comply and the drug charge was withdrawn. The crown initially sought a fine with a conviction entered. Ms. Karpa was able to convince the crown to agree to a conditional discharge, despite the client having a related record.

  Drugs Conditional Discharge Administrative Offences

• R. v. H.S.2016

  The client was charged with fraud against an organization that the client volunteered for. The crown initially sought a term of incarceration. Through her review of the file and working with the client, Ms. Karpa was able to convince the crown that although this was a 'trust theft'” allegation, that a conditional discharge was appropriate. No conviction entered.

  Theft Fraud Conditional Discharge

• R. v. K.D.2016

  The client was charged with theft of a motor vehicle contrary to section 333.1 of the Criminal Code of Canada. The matter involved a serious accident after the vehicle was stolen. Ms. Karpa argued for a conditional discharge, and it was granted by the court. No conviction entered.

  Theft Conditional Discharge Dangerous Driving

Cases in 2015

• R. v. L.S.2015

  The client was charged with a serious gang related attack on a complainant. The Crown sought a term of incarceration to be served in the community (conditional sentence). The co-accused had received a sentence of jail within the community. Ms. Karpa fought for a conditional discharge so that the client would have no conviction entered. The Judge agreed with Ms. Karpa and the client received a conditional discharge. No conviction entered.

  Assaults Conditional Discharge

• R. v. B.M.2015

  The client was charged with a gang type assault upon the complainant. The allegation was that the client, along with three others, attacked the complainant and assaulted the complainant. The Crown wanted the client to have a conviction entered. Ms. Karpa wanted to ensure that the client did not have a conviction entered, and sought a conditional discharge. The Judge agreed with Ms. Karpa and the client received a conditional discharge. No conviction entered.

  Assaults Conditional Discharge

• R. v. C.M.2015

  The client was charged with possession of drugs (marijuana). The Crown sought to have the client convicted with a criminal record. The client would have had issues with a conviction and employment. Ms. Karpa vigorously argued for a conditional discharge. The client received the discharge so there would be no issues with the client'’s employment. 

  Drugs Conditional Discharge

• R. v. C.B.2015

  The client was charged with possession for the purpose of trafficking drugs (marihuana). Ms. Karpa had the charger reduced to simple possession of marihuana for a conditional discharge.

  Drugs Conditional Discharge

Cases in 2014

• R. v. G.L.2014

  The client was charged with a serious assault involving a serious fight (kicking and punching) that was caught on video. The Crown sought a term of probation which would mean the client would have had a conviction and criminal record. After a careful review of the file, and the relevant case law, Ms. Karpa argued before the Judge that the client should instead receive a conditional discharge. The Judge sided with Ms. Karpa, and the client received a conditional discharge. No conviction.

  Assaults Probation Conditional Discharge

• R. v. D.B.2014

  The client was charged with a serious assault involving a serious fight outside of a bar. The Crown initially sought a term of probation which would mean the client would have had a conviction and criminal record. After negotiations with the Crown, Calgary criminal lawyer Susan Karpa convinced the Crown to join her in her application for a conditional discharge. The Judge accepted the joint recommendation, and the client received a conditional discharge. No conviction.

  Assaults Conditional Discharge

Cases in 2013

• R. v. C.P2013

  Client charged with assault causing bodily harm from an allegation of a fight. Although the complainant sustained serious injuries including a fractured nose, Ms. Karpa successfully argued that her client should receive a conditional discharge. No conviction entered.

  Assaults Conditional Discharge

• R. v. J.S.2013

  Client charged with fleeing from police, possession of a stolen motor vehicle, and his sixth breach of a conditional sentence order. Ms. Karpa managed to have the flight from police and possession of a stolen motor vehicle charges withdrawn.

  Theft Conditional Discharge Breaches

• R. v. D.N.2013

  Client was charged with domestic assault. Client received conditional discharge,– no criminal record.

  Assaults Conditional Discharge

• R. v. S.H.2013

  Criminal harassment and multiple breach of bail charges. Client had a prior criminal record. Crown sought jail. Judge agreed with Ms. Karpa and the client was sentenced to a conditional sentence and probation , no jail.

  Harassment Bail Breaches Probation Conditional Discharge