What are the conditions of a conditional discharge for common assault?
British Columbia, Canada
The following excerpt is from Sindaco v. Stupka, 1977 CanLII 319 (BC SC):
Having regard to the conditions set out in the statute as summarized by Ruttan J. in Sharkey v. Robertson, supra, it is clear that the defendant does not come within the conditions set out in the statute. The charge of common assault here did not result in a conviction, having regard to the nature of a conditional discharge, nor was the charge dismissed. That is clear from the wording of the section which specifically states “instead of convicting the accused”.
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