Conditional Discharge for Residential B&E, Threats and Mischief


CC: s.264.1(1)(a) – Uttering Threats, s.348(1)(a) – Break and Enter Residence With Intent to Commit an Indictable Offence Therein, s.430(4) – Mischief


My client attended at the residence of his in-laws, where his wife and children had been staying for the past several weeks, as they were separated. They got into an argument, because she continued to refuse to allow him to see his children. She locked herself and the children inside the residence. He became enraged and attempted to enter through glass sliding doors. He then attempted to enter through a locked side door. He grabbed a metal dolly and began to smash it against the door. He was able to break the door, causing damages to the door and frame and then entered the residence. He noticed that his wife was on the phone with 911 and fled the scene in his vehicle. Police were unable to locate him, so a warrant issued for his arrest. He eventually turned himself in.


I convinced the Crown that there was no reasonable likelihood of a conviction on counts one and two. My client tendered a plea of guilty to property damage only and the Crown withdrew the other two charges (Threats and B&E). We ordered a Pre-Sentence Report and adjourned sentencing. The Crown was seeking a period of incarceration, followed by a period of probation and restitution to the victim. I argued for a conditional discharge. The judge agreed with me. After complying with a few limited conditions for one year, the remaining criminal charge will be withdrawn and my client will continue to enjoy having no criminal record. No convictions.