Our client was charged with committing an indecent act in a public place in the presence of a person in the bathroom of a well-known hotel in Montréal. After various complaints from the management of the establishment concerning people masturbating in full view of others, a police operation was set up there to crack down on the problem.
An undercover police officer was tasked with monitoring the location. During the operation, the officer noticed that our client was committing an indecent act in the bathroom near the urinal. He was then arrested and charged with committing an indecent act.
During our negotiations with the Crown, we explained that our client was a member of a professional order and that a criminal record would have devastating consequences for his career. We explained that our client was a person of good character who was filled with remorse and shame with respect to the act that he had committed. We mentioned that our client had made a $1000.00 donation to a charitable organization. The Crown agreed to submit an absolute discharge order as part of a joint submission with the defence. During sentencing, the court concluded that the request met the requirements of Section 730 CCC and that the penalty was not unreasonable under the circumstances. Our client avoided a criminal record.