Warning: This story deals with disturbing subjects that can confuse or trigger some readers. Discretion is recommended.
Quebec Prosecutor's Office appeals to another judge in Quebec's decision to give a man who has filed aconditional dischargeI submitted a notice to the court. He was guilty of harming a woman, citing the impact of the conviction on her career.
Directeur des poursuites criminelle set pénales (DPCP) spokesman Audrey Roy-Cloutier confirmed by email to Global News Thursday night that a notice of appeal had been filed.
"The victim was notified by the prosecutor," Roy Croutier said in French.
"In light of the above, DPCP cannot comment further on this incident at this time."
Read more: The discharge of sexual assault in Quebec focuses on "systemic" issues, experts say
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The case in question shows that the Gatineau man Joshua Shu, who was found guilty on July 6, 2021, counted each assault and threatened to cause death and physical harm. .. , And assault that causes physical harm.
A court document reviewed by Global News found that at the time of the assault on March 6, 2021, Shoe and the female victim "still lived under the same roof as their four children." A estranged spouse. "
These court documents describe a series of events of violence, stating that it was the pair's 13-year-old daughter who called the police. When they arrived, Gatineau police heard a scream, found the door to the master bedroom of the house broken, and found a shoe over the woman.
She was screaming in bed, and Shoe "had both hands on her face, near her neck," the court said.
"The victim issued a video statement explaining that the defendant had put her pillow on her face and suffocated." I'm going to beat your shit, "the record said. I added.
A statement of facts agreed in this case stated that the victim remained bruised on her elbows, upper arms, shoulders and throat, and she "thought I would die." rice field.
According to court records, their four children have witnessed the attack and continue to struggle as a result.
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Read more:Admitted sexual assault Hundreds of people gathered and discharged in Montreal against judges
Judge Serge Laurin was required to be sentenced to six months in prison while Judge Serge Laurin was on probation for three years. Acknowledging his discharge, Shu said he was "extremely affected" during the four days he spent. In prison before he was released on bail.
"The court believes that it is not in the public interest that Mr. Shu loses his job and cannot guarantee the survival of his family."
Under discharge conditions, Schoo is not allowed to contact victims, but completes 250 hours of community service And you must donate $ 5,000 to a local organization working with a man who has committed or is at risk of committing domestic violence.
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Quebec Crown is Laurin His alleged "serious mistake" and his decision to allow conditional dismissal were "in criminal law, including the need to blame and deter the defendant who committed the crime against an intimate partner. It was "irrational and inappropriate" because it did not meet the stipulated principles of judgment.
According to Article 730 of the Criminal Code, conditional dismissal is only permitted if the court determines that it is "in the best interests of the defendant and not against the public interest."
Such discharge means that the convicted person does not have a criminal record. In that case, they do not have the conditions set out in their case (usually no participation in treatment, community services, or contact with designated individuals.
Read more :Quebec Judge Condemns Dismissal of Sexual Assault for Career Impact
Prosecutors also Laurin's decision: "We did not fully consider the significant consequences of the assault on the victims and their children," he said, and "concluded that the criminal record would lose the accused's job." "I committed."
According to court records, Schoo "doesn't want to have a criminal record, visits a sister who lives in the United States, spends vacations with children there, and doesn't want the city of Otawa." His career at was ruined. "
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Global News contacts the city of Otawa and Shoe Asked if he was away from the maintenance job.
The city's spokesperson did not comment on personnel issues and added mentality to colleagues who may find the city unsafe. When asked if he plans to provide health or wellness resources, he said the answer would take longer. Working with Schoo.
Read more: A group of Quebec victims were surprised after a man was conditionally discharged from the hospital for sexual assault. A prominent issue in recent months that allowed a man convicted of injuring a woman to be conditionally dismissed and cited the impact on his career.
Judge Kebeck Matthieu Poliquin pleaded guilty to SimonHoulein June after Houle pleaded guilty to sexual assault in 2019. Sleeping In his decision, Houle's assault occurred "as a whole quickly" and criminal convictions hampered his outlook, said Polykin. I said it would be.
"Judgments other than discharge will have a significant impact on his career as an engineer," Polykin wrote. "It is a general benefit for the defendant, a social asset, to continue him. A professional career."
Since announcing the decision, Polykin has accused him of accusing him of describing them as a lack of justice. Subject to protests by hundreds of Quebecs.
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Expertwarned, but the use of conditional discharge is It is supposed to be limited to cases. The latter definition has not been clearly established as it is a criminal conviction for the benefit of both guilty persons and not against the greater public interest.
Global News needs to clarify legal criteria and thresholds in the office of Attorney General and Minister of Justice David Lametti to determine if conditional discharge is not against the public interest. I asked if I thought.
"Candidates seeking a federal judge's appointment to a higher court must agree to participate in continued education on sexual assault law and social situations, including systematic racism and discrimination. This is a qualification requirement for all new candidates, "said David Taylor, director of communications for the minister, in an email.
"The existing understanding of the public interest allows courts to rely on specific facts and contexts in dealing with case law and previous issues. It is not a fixed or static concept. . "
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