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In this case, our client pleaded guilty to a charge of being an accessory after the fact to assault causing bodily harm.
In fact, the victim was the man with whom our client’s partner was having an affair.
Accompanied by two close friends, our client paid a visit to the victim’s home to confront him about the sexual relationship between him and his girlfriend.
At that time, one of our client’s friends struck the victim in the nose without warning, thus causing it to break.
After that, our client left the premises without providing assistance to the victim.
While entering the guilty plea, we requested the preparation of a pre-sentence report to show the court our client’s positive development since he had become an adult.
During sentencing, the prosecution requested an exemplary punishment in proportion with the objective seriousness of the act, while we requested an absolute discharge for our client.
Our client was a mechanical engineering student, and a criminal record could jeopardize his future career.
The stakes were therefore very high.
We entered the following mitigating factors into evidence:
- Our client’s young age
2. Absence of a criminal record
3. Sincere regrets
4. Positive lifestyle
5. Low risk of recidivism
6. Positive pre-sentence report
The court ultimately imposed a conditional discharge with the obligation to make a donation to a charitable organization.
Our client avoided a criminal record.