Sentencing and Resolution

Diversion and extrajudicial programmes result in the charge being withdrawn on completion. A peace bond under section 810 resolves an allegation with an undertaking rather than a finding of guilt. An absolute or conditional discharge is a finding without a conviction, which matters enormously for employment and for travel. A suspended sentence with probation, a conditional sentence served in the community, and a fine all sit below custody.

Which of those is realistically available depends on the offence, the record, the harm alleged and the Crown’s policy. It also depends on what has been done in the meantime, and that is the part within your control.

Mitigation is built, not asserted

Counselling actually engaged, treatment records, employment letters, restitution paid, community involvement and a considered explanation of the circumstances carry weight. Assertions from the podium do not. This work is started when the file is opened rather than the week before the sentencing date.

The collateral consequences are part of the argument

Immigration status, professional licensing, the ability to travel and the ability to keep working are all properly before the court on sentence. They frequently justify a discharge or a lesser disposition where the pure sentencing range would not.

A resolution is negotiated, not accepted

A Crown responds to a file that has been read. Where there is a real weakness in the evidence, the position offered changes. That is why preparation and resolution are the same exercise rather than alternatives to each other.