A Quebec court has handed down a conditional discharge and three years' probation to a Tunisian national for a violent domestic assault and subsequent harassment. The judge acknowledged the sentence was 'lenient' and unlikely to satisfy the victim, who continues to suffer consequences of the crime.
Details of the Assault
Mohamed Aziz Ben Ishak, a temporary resident who arrived in Canada a year earlier, attacked Fatma Abada on April 30, 2021, because she lit a cigarette before nightfall during Ramadan. He kicked her in the ribs, took her phone, pushed her to the ground, and punched her repeatedly in the head. He extinguished a lit cigarette on her forearm while continuing to kick her. He then dragged her by the hair into the apartment's entryway. When she broke free, he attacked her again, striking her in the head.
When police arrived, Abada refused to give a statement and did not wish to press charges. Police left but returned after subsequent calls from Abada and her friend, arresting Ishak. He was released the next day under conditions not to communicate with Abada or her friend, but he breached those conditions by meeting her in a park, going to her workplace, and sending text messages. He was arrested again.
Judge's Remarks
Court of Quebec Justice David Simon stated that the assaults were neither trivial nor minimal, demonstrating a high degree of violence manifesting repeatedly. He noted that blows to the head and using a cigarette to burn the victim were cruel acts aimed at inflicting acute pain and leaving a lasting mark. Simon dismissed Ishak's attribution of some responsibility to Ramadan fasting irritability.
Simon reviewed mitigating circumstances: Ishak, 28, pleaded guilty, had no prior record, expressed sincere remorse, was 23 at the time, had a spotless academic record, stable employment, strong career ambitions, no substance abuse, and support from his mother. Given Ishak's temporary resident status, Simon considered the impact of a criminal sentence on his immigration process, including a plan to apply for permanent residency. Simon noted Ishak's efforts at integrating in Canada and compliance with work permit conditions.
The judge concluded that while the sentence may not satisfy the victim, it reflects the totality of circumstances.
