A client of our firm was facing two charges – namely, theft of under $5000.00 under Section 334 b) ii) CCC and obstructing a peace officer in the execution of their duties under Section 129 a) e) CCC.
Our client visited a store called Simon and hid a vest in a bag, then left the establishment without paying for the vest. She was stopped outside the store by a security guard. Once the police arrived, she identified herself under a false name, hence the obstruction charge.
During sentencing, we demonstrated that our client was a foreign citizen with a temporary work permit and that a criminal record would jeopardize her chances of obtaining her permanent residence. We also demonstrated that, if our client were to receive a criminal record, she would be facing deportation in addition to losing the job she held in Montréal.
We demonstrated that our client was an active member of society, that she had expressed regret, and that it would be in the public interest – without going against the interests of justice – for her to receive a discharge. Our client made an $800.00 donation to a charitable organization and the court accepted our suggestion.
Our client received an absolute discharge and was deemed not to have been convicted. We prevented her from receiving a criminal record.