Alvin's Case — Criminal Harassment — Conditional Discharge

Client:  Alvin G., Accused
Complainant:  Emily T., Ex-girlfriend
Charges:  criminal harassment and harassing telephone calls

Background:  Alvin had problems in the "love department." He had a loving wife and devoted family, but he was still trying to get over an affair he had with Emily, his former co-worker. That breakup was like an earthquake, and his lingering feelings were like aftershocks. The last aftershock was particularly destructive. Waxing in anger, Alvin sent sexually explicit images via email to her co-workers, causing her much embarrassment, and prompting the police to charge him with criminal harassment and harassing telephone calls. Alvin came to see me for a second opinion. His lawyer was working on a "good deal." That deal would see Alvin spent no more than ninety days in jail, perhaps intermittently on the weekends. Alvin wanted my frank, independent assessment.

READ THE POLICE REPORT

Goals:  Alvin's primary goal was to stay out of jail. I felt his lawyer's goal fell short of what was achievable. I added the goal of either winning the case or avoiding a conviction. Alvin worked as an IT professional. He wanted to avoid a criminal record if possible. As a result of my assessment, Alvin discharged his lawyer and hired me.

Strategy:  There was a serious weakness in the Crown's case. Although everybody "believed" that Alvin had emailed the images, the Crown's evidence on that point was weak. We scheduled a trial with the goal of either securing acquittals or resolving the matter without a conviction.

Results:  Shortly before the trial, the Crown contacted me to see if we could "work it out." I provided the Crown with counsellor Quek's report. This report demonstrated that Alvin had made meaningful steps towards understanding and overcoming the "why" of his behaviour. Through a series of discussions, we agreed that Alvin would plead guilty with a joint recommendation for a conditional discharge. The Judge approved the deal. Alvin avoided a conviction. His conditional discharge was erased after 36 months.

READ THE JUDGE'S REASONS FOR GRANTING THE CONDITIONAL DISCHARGE
READ ALVIN'S TESTIMONIAL