Facts: In December 2016, after an evening with friends, Derek was picked up by the Complainant as a taxi fare in the area of Bank and Fifth. Upon arriving at Derek’s home, there was a physical altercation, during which the Complainant was punched in the face and hands. During the course of the altercation, Derek’s wife sought to lead him into their home. When police arrived, they noted the smell of alcohol on Derek’s breath.
Derek was charged with assault. He had no prior criminal record and no further offences. Derek participated in the Collaborative Justice Project, during which both sides exchanged their views on the incident. Derek wrote a letter of apology to the Complainant, which was accepted. He also received letters of support from friends and his employer.
Derek entered a guilty plea, expressing remorse and taking responsibility for his actions. Although assaulting a transport worker is an aggravating circumstance, Derek received a 12 month conditional discharge, has to report to a probation officer, is to have no contact with the victim or the victim’s family, and pay a $100 victim surcharge.