common assault conviction

Old Jan 31st 2012, 12:18 am
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Default common assault conviction

hey guys,

I have a conviction of two accounts of common assault and battery stemming from 2002. I received a conditional discharge and £60 fine not to be paid to the 'victim' who was being charged with sexual abuse. Im trying to apply for a working visa to canada so having this hanging on my head is just what the doc ordered i guess....greeeat

The background of my case was protecting a female colleague from sexual abuse and harrassment. I was 19 so being a naive hero doesnt help.

With my conviction or is it convictions?? seen as its two accounts of common assault in one criminal proceeding, do i apply for rehab or do i give up hope as its two accounts of indictable offences under canadian law (which i really cant get my head around at all!!).

thanks for all the help I wish you all well on your travels or your journey getting there
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Old Jan 31st 2012, 8:39 am
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Default Re: common assault conviction

Just got off the phone to CRB and it was two disposals of common assault under one conviction. This is what it states on my record so under UK law I have one conviction. Hope canada can see this please (crosses his heart)
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Old Jan 31st 2012, 12:38 pm
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Default Re: common assault conviction

Sorry, but unless you can get a definitive answer and know that you don't need criminal rehab, I don't see any way that you will be going on a WHV this year - rehab can take a year. You can do an 'info only' application to find out if you are criminally inadmissable or not, although that can also take several months.

Perhaps speak to an immigration consultant/lawyer to get a professional view on whether or not you would be eligible to enter Canada?
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Old Jan 31st 2012, 2:02 pm
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Default Re: common assault conviction

If Im reading correctly you have one conviction for common assault that took place in 2002 and received a conditional discharge and a $60 fine.
Although I dont have access to my work manuals Im 99% sure that a conditional discharge is not a conviction and therefore you would not be deemed to be inadmissible.
If you can wait 36 hours or so I can give you a definitive answer unless someone else gives you the correct answer.
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Old Jan 31st 2012, 2:06 pm
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Default Re: common assault conviction

it was not a fine just costs of £80 to the magistrates as the victim was being prosecuted. just hear so many mixed things im confused.com about all this
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Old Jan 31st 2012, 2:10 pm
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Default Re: common assault conviction

Another 36 hours wont seem a long time if I answer that you are not inadmissible In post #1 you said it was a fine Im only going on what you tell us.
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Old Jan 31st 2012, 2:41 pm
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Default Re: common assault conviction

I can now confirm with 100% accuracy that a conditional discharge is not considered a conviction as per section 736 criminal Code of Canada.
It is though an admission of guilt but not considered a conviction.
If ever asked have you been arrested, charged or convicted of any offence the answer would be Yes though no convictions.
Get a copy of the court disposition showing the conditional discharge and if coming to Canada if asked at least you have something to show CBSA.
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Old Jan 31st 2012, 3:11 pm
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Default Re: common assault conviction

This is very interesting! I have just come off the phone to a consultant who suggests I have possibly two offences that can be interpreted by canadian immigration officers even though its one conviction. So confused right now and awfully worried. I guess a caution is seen as a conviction so is conditional discharge a lesser term due to this 736 code?
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Old Jan 31st 2012, 3:19 pm
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Default Re: common assault conviction

under the guidline however they do not look at your sentence rather they look at the offence that took place if im correct?
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Old Jan 31st 2012, 3:29 pm
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Default Re: common assault conviction


A36(2)(b) Conviction outside Canada
o
One indictable;
or
o
Two summary offences not arising out of a single occurrence.
o
Would constitute an offence in Canada under an Act of Parliament

Common assault is indictable so if you have 2 then you are inadmissible and will never be deemed rehabilitated.
To give you a 100% answer I would need to see your criminal record which would show number of arrests and any convictions.
If only 1 assault charge and the conditional discharge then you will be fine.
We look at the sentencing aspect and does it equate to a conviction and an offence in Canada.
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Old Jan 31st 2012, 3:43 pm
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Default Re: common assault conviction

It's shows as

2nd Feb 2002 common assault magistrate. Two disposals 2nd nov 2001 common assault 15 jan 2001 common assault. That's my crb. Sentence is conditional discharge 6 months. Spoke to acpo who tell me it should appear as same on certificate but it should be seen as single conviction by immigration.??
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Old Jan 31st 2012, 3:51 pm
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Default Re: common assault conviction

Based on that then you will be OK.
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Old Jan 31st 2012, 4:19 pm
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Default Re: common assault conviction

Just figuring it out. It's one conviction but two sentences which run concurrently. So it's looking doom and gloom
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Old Jan 31st 2012, 4:31 pm
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Default Re: common assault conviction

Im still trying to figure this one out.
One conviction but 2 sentences is still only one conviction and if you say it was a conditional discharge then its not a conviction.
Example one offence of DUI but sentenced to $1000 fine, probation for 12 months and attend classes is still only one conviction.
You would still be eligible for rehabilitation as 5 yrs has elapsed and you would almost be approaching the ten year mark if sentence completed where you would be deemed rehabilitated.
Perhaps you might want to read over this in particular section 13
http://www.cic.gc.ca/english/resourc.../enf02-eng.pdf
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Old Jan 31st 2012, 5:20 pm
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Default Re: common assault conviction

section 14.2

Conviction
A conviction is a finding by a competent authority that a person is guilty of an offence. A charge or a confession is not a conviction.
2006-05-24 59
ENF 2/OP 18 Evaluating Inadmissibility
In cases involving a charge or a confession, the use of the “committing an act” provisions within IRPA may be appropriate.
A conviction does not exist in the following situations: • the conviction is set aside on appeal;
• the court grants an absolute or conditional discharge as provided for in the Criminal Code;
• the person is granted a pardon in a foreign jurisdiction and the pardon is recognized as equivalent to a Canadian pardon.





Is this what your referring to lancastarian?
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