Kamloops Judge Grants Conditional Discharge in Domestic Assault Case
In a decision that balances justice with immigration consequences, a Kamloops provincial court judge has ruled that an Indian national who assaulted his girlfriend will not face automatic deportation from Canada. Joyson Lewis, 25, pleaded guilty to one count of assault on January 22, 2026, stemming from an incident that occurred in April 2025.
Violent Altercation Leads to Probation Sentence
According to court documents presented by Crown prosecutor Anthony Varesi, the assault took place inside a vehicle on April 28, 2025. The physical altercation escalated when Lewis followed his girlfriend after she exited the vehicle, grabbing her and tearing her shirt in the process. The confrontation resulted in damage to her phone before she fell to the ground, where Lewis struck her again.
The attack only ceased when a friend intervened, preventing further violence. The Crown had initially sought a sentence of nine months probation for the assault charge.
Legal Strategy Focuses on Immigration Consequences
Defense attorney Ali Kothawala presented a compelling argument for a conditional discharge, emphasizing the immigration implications for his client. Lewis currently resides in Canada on a work permit while pursuing permanent residency status, having originally moved to Kamloops in 2021 to attend Thompson Rivers University.
"The discharge does not guarantee him positive immigration outcomes," Kothawala explained in court. "It will prevent automatic inadmissibility under the Immigration Act and preserve his opportunity to present his case to immigration services."
Additional Charges Stayed in Sentencing Agreement
The court proceedings revealed that Lewis faced two additional domestic assault charges involving the same complainant from incidents in October 2024 and February 2025. However, as part of the sentencing agreement reached last week, those counts were stayed, allowing the court to focus on the single assault conviction.
Defendant Expresses Remorse and Commitment to Rehabilitation
During his sentencing hearing, Lewis expressed sincere remorse for his actions and accepted full responsibility. "I am sincerely sorry for all the things that I've done," he told Judge Ray Phillips. "I take full responsibility for it."
The defendant committed to attending counseling and completing courses as part of his rehabilitation efforts, demonstrating his determination to address the underlying issues that led to the assault.
Judge's Ruling Emphasizes Rehabilitation Over Punishment
Judge Phillips ultimately sentenced Lewis to nine months of probation with specific conditions that include:
- Staying away from the victim
- Prohibition from possessing weapons
- Completion of counseling and rehabilitation programs
The judge noted that if Lewis successfully completes his probation term without incident, the conviction will not be entered on his criminal record. "Mr. Lewis has responded in a very constructive way, in a substantive way, and he's addressed the underlying issues — the anger and what got him here, and the lack of respect he had for his partner at the time," Phillips stated in his ruling.
Broader Implications for Immigration and Justice Systems
This case highlights the complex intersection between Canada's criminal justice system and immigration policies. Lewis, who works in restaurants and sends money monthly to support his sick mother in Mumbai, now faces the challenge of completing his probation successfully while navigating the permanent residency application process.
The conditional discharge represents a second chance for rehabilitation while acknowledging the serious nature of domestic violence. The ruling demonstrates how Canadian courts sometimes consider broader life circumstances when determining appropriate sentences, particularly when immigration consequences could result in permanent separation from family and established life in Canada.
