In Canada, conditional discharges and absolute discharges are two possible outcomes when found guilty of a criminal offence. A discharge allows the accused to avoid a criminal conviction, provided they comply with certain conditions for a set period of time. These conditions may include community service, reporting to a probation officer, and a weapons or firearms prohibition.
If successfully completed, the discharge becomes permanent. However, if these conditions are not met it can result in a new criminal charge or revocation of the discharge and conviction of the original offence. This may lead to a criminal record and harsher penalties.
Conditional Discharge
A conditional discharge requires the accused to admit to the offence and comply with specific conditions for a set period, ranging from 6 months to 2 years. These conditions could include keeping the peace, performing community service, reporting to a probation officer, and a prohibition on weapons or firearms. It can only be granted for eligible offences and is subject to the judge’s discretion based on the accused’s best interests and the public’s interests.
Factors considered include the nature and severity of the offence, whether it was driven by impulse, and whether the accused has a criminal record. It is not available for offences with a minimum sentence or maximum sentence exceeding 14 years in prison.
Absolute Discharge
An absolute discharge is a highly unusual sentencing measure that allows an accused person to completely avoid a criminal conviction and forgo any type of prohibition. Unlike a conditional discharge, which involves adhering to specific requirements, an absolute discharge immediately and completely discharges the accused from the offence.
However, an absolute discharge is rarely granted, and only in unique and exceptional circumstances. In deciding whether to grant a discharge, the judge considers whether it is in the public’s interest to make the conviction a part of the public record.
Generally, a candidate for an absolute discharge has no criminal record, has not previously been granted a discharge, and the offence was minor with minimal harm caused to individuals or property. Additionally, an accused person who has taken steps to rehabilitate themselves or contribute to their community may be more likely to receive an absolute discharge. This can include attending counselling or performing community service.
Overall, while an absolute discharge can provide a desirable outcome for an accused person, it is a rare form of sentencing that requires unique circumstances and a strong case presented to a judge.
While a discharge can be a beneficial sentencing measure for some offenders, it is not available for all crimes and requires a thorough evaluation of the individual circumstances. And in some cases, a harsher punishment may be deemed necessary to send a message to the public and deter others from committing similar offences.