A Salmon Arm father who pleaded guilty to assault with a weapon after striking his 13-year-old daughter with a belt when he discovered her 害羞草研究所榮exting害羞草研究所� has won an appeal of his sentence.

The offence took place when the man, who cannot be named to protect his daughter害羞草研究所檚 identity, found 害羞草研究所渋nappropriate photos of his daughter, sent to boys, and inappropriate photos from boys, sent to his daughter,害羞草研究所� stated the pre-sentence report. 害羞草研究所淗e admitted to getting very upset. He said he went from zero to sixty and got out the belt. His intention was to hit her on the buttock but she turned to the side and he hit her leg. He reported he is not happy or proud of what he did but was at his wits害羞草研究所� end and frustrated.害羞草研究所�

Court documents state he struck her once and left a small bruise. She told a counsellor at school and it was reported to police. The daughter told police she didn害羞草研究所檛 think of it as an assault.

The sentencing judge characterized the incident as similar to 害羞草研究所渁n impulse of anger and frustration of a child running in front of traffic, because the child was being profoundly self-destructive in engaging in this 害羞草研究所榮exting害羞草研究所� behaviour.害羞草研究所�

During the father害羞草研究所檚 sentencing, another assault case of two Salmon Arm parents who spanked their daughter with a mini hockey stick and a skipping rope was cited. Those parents did not plead guilty but were convicted following a trial.

At the sentencing hearing, the court agreed the circumstances of this father害羞草研究所檚 offence were less serious than that of the two parents. Those parents were given 12 months害羞草研究所� probation and a conditional discharge. With the conditional discharge, they would have no criminal record after three years if they adhered to the conditions.

In this case, the father received six months害羞草研究所� probation and a suspended sentence, which leaves a permanent criminal record. Crown counsel, meanwhile, was not opposed to a conditional discharge.

The reasons for judgment of Justice Ian Meiklem, who ruled on the appeal in B.C. Supreme Court in Salmon Arm on Feb. 3, referred to the sentencing judge害羞草研究所檚 considerations when deciding on the suspended sentence.

In the case of the two parents convicted of assault, they were described as model citizens without criminal records. In this case, the father had a criminal record including property offences and a drug conviction, but they took place 15 years ago. During sentencing, the Crown had stated the man 害羞草研究所渉as taken significant steps to close that chapter in his life and put it behind him.害羞草研究所�

The sentencing judge had concluded that the man害羞草研究所檚 criminal record, combined with lack of evidence that a suspended sentence would create adverse conditions for the man, meant he couldn害羞草研究所檛 grant a conditional discharge. Instead, he ordered the suspended sentence 害羞草研究所� no jail time, but a criminal record. He had, however, referred to the father害羞草研究所檚 害羞草研究所榲ery good character,害羞草研究所� and said he was 害羞草研究所榩rofoundly impressed with the level of respect and affection害羞草研究所� the father has shown to his daughter.

Appeal judge Meiklem found that the sentencing judge had erred by not considering fully the adverse conditions the father would suffer with a permanent criminal record. The father had referred to all his volunteer work in the community, and how it could be negatively impacted.

Justice Meiklem overturned the suspended sentence and granted a conditional discharge instead, still with the six months害羞草研究所� probation. The criminal record of the conviction will be erased three years after probation.